judicial review of a planning approval decision

Question

At a meeting of the local planning authority, a very contentious and long running application was unanimously approved, despite extremely strong objections from my parish council and local residents. Has anyone had experience of calling for a Judicial Review is similar circumstances, how much it costs, and what chance of success ??

Many thanks

Answer 1

Planning is an experts game people may not like a decision but LPA’s have restricted grounds for refusal

I’ve been told costs can be £30,000 plus but I’ve had no experience myself

Comments

Also understand that for a judicial review monies for costs must be lodged with the court before the review. Unfortunately since I think 2010 when the government were hell bent on pushing housing through the right of appeal by Parish Councils on planning decisions which was an excellent proposal going through parliament was effectively killed off an buried. This was presumably to not place too many hurdles in the way of developers.

Answer 2

Are you suggesting that the Parish Council launches the review?  A review examines if the processes used to arrive at a decision was lawful, and doesn't automatically result in it being overturned. The judge may or may not recommend that it is overturned.

I think it would be safer to crowdfund the review rather than using the parish precept to fund the costs.  That way paritioners  who want it would not put the risk on the PC.

Comments

Even if the judge recommends overturning the planning decision, the district council will delay with excuses about examining the decision etc etc and in the end carry on as if nothing has happened. Even if the decision is obeyed by the DC, the planning process will begin again, but the legal problems that led to the JR will be avoided the next time round. At most it's an expensive delaying tactic.
If you win you get some of you funds back.