Once obtained a planning permission can only be challenged in the courts – a process known as judicial review. Judicial review proceedings are often brought by objectors, for example local residents or rival businesses.
The grant of planning permission can only be challenged on very limited grounds and where the local planning authority have acted perversely or unlawfully. An example would be where the local planning authority had not carried out an environmental impact assessment before granting planning permission. Once a local planning authority issues a planning permission, a challenge can only be made within 6 weeks of the date of the decision so you must act quickly.
How we can help
We act for interested parties looking to challenge a public authority’s decision as well as for public authorities seeking to defend their decisions against challenge. If you think that you are going to be affected by new development we can advise on objecting and opposing any application and on challenging the permission if granted.
It is not just planning decisions that are vulnerable. Any decision of a public authority can be challenged in the courts by judicial review. If you think you are going to be adversely affected we can advise on the options available to you but again you need to act quickly as any action must be taken as soon as possible.