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Need help finding the solution for you, contact a member of our team who can help you out.

Dave Woolley

Tel: 07887 505 154

Judicial Review

There is a 3 month & 14 day period during which your planning permission can be challenged and set aside by means of Judicial Review.

The court fee to lodge the application for Judicial Review is a mere £50.

Statistics from the Administrative Court which handles Judicial Review cases indicate that the annual success rate of Town & Country Planning Judicial Review Applications is in the region of 45-55%.

We offer a legal indemnity, which provides coverage against the losses that can result from a successful Judicial Review challenge. The coverage indemnifies against loss of market value of land and a variety of delay costs resulting from a successful judicial review, as well as various consequential losses in the event that an interim injunction is granted.

What we require

  • A copy of the Planning Permission and if granted on appeal, any associated reports/decision.
  • Minutes of the Planning Committee meeting or any public consultation.
  • Copies of any objection letters lodged.
  • A copy of any special agreements entered into by the developers to obtain the Local Authority's permission.
  • A copy of the draft s.106 agreement or unilateral undertaking and in due course, the completed s.106 agreement or unilateral undertaking.
  • Details of any proprietary or other interest that the Local Authority has in the site.
  • Details of the previous planning history for the site (last five years).
  • Copies of any local press reports regarding the proposals.
  • A copy of the development plans.
  • The acquisition and development value of the site plus any development costs that are likely to be incurred during the judicial review period.
  • Confirmation that neither the proposer nor the Planning Authority is aware of any matters/objection that could give rise to an application for judicial review.

Please also confirm:

  • Whether the site includes a listed building or is in a conservation area.
  • Has an Environmental Impact Assessment report been prepared? Ifso, please supply. If no EIA has been prepared,an EIA screening report from the Council may be required for underwriting.
  • The client (a) intends to sell the site with the benefit of planning permission or (b) commence works within the judicial review period.

Knowledge Base

Further Information and case studies: