Judicial Review - Understanding the Planning Process

Judicial Review is a complex but important legal process in planning, allowing individuals and organisations to challenge the legality of decisions made by Local Planning Authorities or the Secretary of State.

In this blog you will discover the circumstances in which a Judicial Review might be appropriate, the process, and how Salmon Planning + Architecture can help you achieve the outcome you are seeking.

What Is a Judicial Review?

A Judicial Review is a legal challenge to a decision made by a Local Planning Authority or, at Appeal, by the Secretary of State or their appointed Inspector. Unlike a Planning Appeal, which focuses on the merits of a decision, a Judicial Review examines whether the decision was made lawfully.

Grounds for a Judicial Review 

The scope for challenge is narrow and strictly concerned with legality, not planning judgement. 

The grounds include:

• Illegality – where a decision-maker has misinterpreted or ignored the law or planning policy.

• Irrationality – where a decision is “so unreasonable that no reasonable authority could ever have come to it.”

• Procedural Impropriety – where statutory procedures or principles of natural justice have not been followed.

Time Limits

Applications for Judicial Review must be made within six weeks of the decision being issued. This deadline is strictly enforced, meaning early professional advice is critical.

Who Can Apply for Judicial Review?

To bring forward a Judicial Review, an individual or organisation must have sufficient interest or standing in the case. This usually includes:

• Neighbours or community groups affected by a planning decision.

• Pressure groups concerned with the impact of a development.

• Applicants who were unsuccessful at appeal.

Challenging Local Planning Authority Decisions

If planning permission is refused, the applicant can lodge an Appeal to the Secretary of State. However, if permission is granted and others are aggrieved, there is no right of appeal. In such cases, a Judicial Review is the only available remedy.

If a challenge via Judicial Review succeeds, the original decision is quashed and the Local Planning Authority must reconsider the application, this time addressing the legal errors. Importantly, however, the Local Authority may still reach the same conclusion.

Costs and Risks

The general rule with Judicial Review is that the losing party pays the winning party’s costs. This financial risk, alongside the complexity of the process, explains why Judicial Reviews are relatively rare. Evidence suggests that only 0.2% of adverse appeal decisions are quashed in the High Court.

Should You Consider a Judicial Review?

Judicial Review is a specialist and high-stakes process. While rare, it remains the only effective way to challenge certain planning permissions. Anyone considering this route should seek professional advice immediately to assess whether there are valid grounds.

How Salmon Planning + Architecture Can Help

At Salmon Planning + Architecture, our Chartered Town Planners have extensive experience in identifying cases with the potential for Judicial Review. Where appropriate, we work closely with leading barristers, drawing on established relationships with the legal Bar, to take sound cases through the High Court process.

We understand the risks and complexities involved and will give clear, professional advice at the earliest stage, helping clients make informed decisions on whether Judicial Review is the right path.

Need advice on a potential Judicial Review?

Get in touch with our expert team in Wells or Exeter for a confidential discussion.

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