Currently there are no third party rights of
appeal through the planning system against a decision of a Local
Planning Authority. Therefore, if you have concerns about a
planning application and permission is granted, you cannot appeal
that decision. Any challenge under current legislation would
have to be made outside the planning system through a process
called Judicial Review (JR).
A ‘claim for judicial review’ includes a claim to
review the lawfulness of a decision,
action or failure to act in relation to the exercise of a public
function, in this case, a planning decision.
The court’s permission to proceed is required
in a claim for Judicial Review.
A claim for Judicial Review is dealt with by
the Administrative Court and if leave to judicially review a
planning decision is granted, the Judicial Review will be decided
by a judge at the High Court.
An application to Judicial Review a decision
must be made within 3 months of the decision about which you have a
grievance being made.
Leave to proceed with a Judicial Review will
not be granted by the Court unless there is evidence that a legal
mistake has been made – this might include, for example, that the
Local Authority failed to take into account opinions put forward
(this does not mean that the Council has to agree with them), that
the procedure in dealing with the application was flawed, that a
Councillor failed to declare an interest, etc. A Judicial
Review will not succeed if it is based solely on a difference of
opinion with the decision that has been made.
You will also need to show that you have a
clear interest in the decision that has been made.
Leave to Judicial Review must be made to the
Administrative Court on a form provided by them, usually via your
own legal representative. If you think that you may wish to
pursue a Judicial Review it is strongly advised that you seek your
own legal advice as soon as possible after the decision (about
which you are aggrieved) has been made.
For further information on judicial review and
the contact details for the Administrative Courts, please go to
http://www.justice.gov.uk/