Judicial review of planning decisions

If you appeal to overturn the rejection of a planning application, you can only judicially challenge the decision on such grounds as error of law or misinterpretation of policy.

Unlike the appeal, the purpose of a judicial review is to challenge the lawfulness of the decision rather than the decision itself.

If the judicial review is successful then the appeal decision is quashed, usually resulting in the appeal being heard again but with no guarantee that the application will be accepted on the second occasion.

All judicial reviews for planning cases require Court permission and the application must be made within six weeks of the date of the planning appeal decision.