OUr Expertise
Judicial Review of Planning Decisions
An unlawful planning decision can affect the value, use and future of your land or development. Mercantile Barristers advises on challenges to planning decisions and represents clients seeking to protect a permission that is being challenged. We help you assess whether there is a legal basis for court proceedings and what action is needed.
Understanding the grounds for challenge
Judicial review examines whether a decision was made lawfully. Disagreement with the outcome alone is insufficient. We assess potential errors such as a misinterpretation of planning policy, a failure to consider a relevant matter, or an unfair consultation or decision process.
Choosing the correct legal route
The route depends on the decision you wish to challenge. Some planning decisions are challenged through judicial review, while others require a statutory challenge or appeal. We identify the appropriate procedure, assess whether you can bring the challenge and advise on prospects, costs and the evidence required.
Advice and representation in court
Our barristers can review the decision and supporting documents, draft correspondence before proceedings and prepare grounds of challenge and court submissions. We provide representation at permission hearings and substantive hearings, and advise on urgent interim protection where appropriate. We also assist developers and landowners whose permissions or interests are affected by a claim.
Act quickly to protect your position
Planning court challenges are subject to strict time limits. Contact us promptly with the decision, its date and the reasons you consider it unlawful. A successful challenge may result in a decision being quashed and reconsidered; it does not automatically secure planning permission or prevent a similar decision being made lawfully.
Discuss a planning decision with our team
Contact our clerking team on 020 3034 0077 or email enquiries@mercantilebarristers.com with a brief outline of your matter and any relevant deadline. We will explain the next steps and proposed fees.
How Our Process Works
Instructing our direct access barristers is the cost effective alternative to the traditional route of engaging a solicitor first. The process is just as straightforward. Here’s how the process works:
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Initial Consultation
In the consultation the barrister will assess your legal position, devise a legal strategy, and give you appropriate advice on the necessary next steps to achieve your objective.
