Planning statutory review and appeals

Challenging planning decisions

Planning decisions and actions by local planning authorities (LPAs), the Secretary of State and other public bodies can be challenged in the courts if the decision taken was unlawful.

In principle, a planning decision can be challenged through an application to the High Court for judicial review, under Civil Procedure Rules 1998 (CPR), SI 1998/3132, Pt 54. See Practice Note: Planning judicial review.

Statutory planning review

There are instances where the relevant statutory regime governing a particular decision or action expressly prevents the decision or action from being challenged in court, including via judicial review, other than by way of a statutory application. In other words, the relevant legislation will expressly state that a particular action or decision cannot be challenged except in accordance with a specific statutory provision. Such challenges are known as statutory reviews or statutory challenges. In a planning context, statutory planning review comprises:

•
applications under section 287 of the Town and Country Planning Act 1990 (TCPA 1990) in respect of the validity of simplified planning zone schemes and certain highway and other orders

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