scope of planning judicial review

A claim for judicial review is defined in the civil procedure rules 1998 (CPR), SI 1998/3132, Part 54 as a claim to review the lawfulness of an enactment, or a decision, action or failure to act in relation to the exercise of a public function. Decisions, actions or failures to take action in relation to the exercise of a public function are in principle subject to judicial review. This encompasses many planning decisions and actions by local planning authorities (LPAs) and the Secretary of State which can be challenged in the courts by way of judicial review if the decision taken was unlawful, including but not limited to:

1. •

   decisions by LPAs granting planning permission, reserved matters, approvals of conditions and prior approval under permitted development rights

2. •

   decisions by LPAs to modify or discharge a planning obligation pursuant to applications under sections 106A or 106B of the Town and Country Planning Act 1990 (TCPA 1990)

3. •

   decisions by the Secretary of State refusing to hear a planning appeal

4. •

   decisions relating to development consent orders