Public Law

To challenge a decision to grant planning permission or a refusal of planning permission at appeal (or several other decisions by public bodies) is to ‘judicially review’ the decision in Courts. 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 judicially reviewed 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

A Section 287 challenge is a vital mechanism for ensuring that planning decisions and orders are made lawfully, fairly, and reasonably, providing a check on the powers of planning authorities and the Secretary of State. Our Planning lawyers can provide vital support in these challenges, from the application for permission to bring the judicial review, outlining the grounds of the challenge supported be evidence, to the court hearing itself.

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. At Wilkes, we specialise in Section 288 challenges, providing expert legal advice, thorough preparation, and effective representation.

Preparing witness statements, instructing Counsel, dealing with Section 106 round table discussions and, assistance with advancing legal arguments.

Our lawyers play a vital role in helping clients navigate the complexities of the National Planning Policy Framework. Our expertise ensures that planning applications, appeals, and strategic planning efforts align with national policies, thereby increasing the likelihood of successful outcomes.

We provide essential support in addressing local government procedural mistakes, from identifying errors to representing clients in legal challenges. Our expertise ensures that decisions and processes comply with legal requirements, protecting our clients’ rights and interests.

Our expertise ensures complaints well-prepared, supported by evidence, and effectively argued, increasing the likelihood of a successful outcome for our clients.