Public Law

Our lawyers play a crucial role in assisting you with your objections to planning decisions, from assisting in identifying valid grounds for your objection, (such as environmental impact, traffic congestion, noise, loss of privacy, or non-compliance with local planning policies), through to submission of objections, representation at hearings and negotiations with Local Planning Authorities.

For an individual to challenge a decision to grant planning permission or a refusal of planning permission at appeal (or several other decisions by public bodies), the decision will need to be ‘judicially reviewed’ in Court. The judicial review process focusses solely on the legality of the decision and does not involve the Court substituting its own views on the relative planning merits of any planning application. At Wilkes, our Planning Team have successfully supported both homeowners or landowners to judicially review planning decisions, where the LPA has:

• • Improperly applied the relevant Local Plan or national planning policies
  • Overlooked material considerations
  • Failed to discharge its statutory duties, such as its duties in respect of listed buildings and conservation areas, its environmental duties, and its duties to provide reasons for its decisions
  • Acted unlawfully in some other way

At Wilkes, we specialise in supporting individuals with Section 288 challenges, providing you with expert legal advice, meticulous preparation, with strong representation. A Section 288 challenge, under the Town and Country Planning Act 1990, allows the challenge of decisions made by the Secretary of State or an inspector regarding planning matters.

Our legal team plays a crucial role in guiding you through the intricacies of the National Planning Policy Framework. With our knowledge and skills, we ensure that your planning applications, appeals, and strategic planning initiatives adhere to national policies, enhancing the chances of achieving successful outcomes.

The Aarhus Convention mandates that access to justice procedures must not be prohibitively expensive. Our team will work with you to ensure the principles of the Aarhus Convention are upheld, enabling effective public participation and access to justice for you in environmental matters without the deterrent of prohibitive costs.

Our expertise will ensure that your complaints are thoroughly prepared, backed by evidence, and persuasively presented, enhancing the chances of a favourable resolution for you.