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Judicial Review

Judicial Review Barristers. Specialist team advising on legal matters surrounding judicial review. Call 0844 272 2322.

Judicial Review of a decision to grant, grant subject to conditions, or refuse planning permission is an alternative to the statutory review available under s.288 of the 1990 Act (which can only be pursued if the applicant appeals to the Secretary of State as a preliminary step). The procedure is open to any third party of sufficient standing but the first stage of applying for leave to apply for judicial review acts as a filter to prevent unmeritorious applications. The application for leave is made ex parte and allows the applicant to establish whether or not there is an arguable case without incurring excessive liability for costs.

An applicant has to have a ‘sufficient interest in the matter to which the application relates’.

Any application has to be made within three months from the decision when the grounds for the application first occurred. The three month period is a long stop and any application should be made as soon as possible. An extension of time may be given if good reasons can be shown.

The second stage is the merit stage, commenced by originating motion with notice served on all parties supported by affidavits made for the leave application. In due course, there will be a full hearing with argument and judgment.

It must always be considered that an application for Judicial Review is not an appeal but a review of the manner in which a decision was made.

The orders granted may be mandamus, prohibition or certiorari.

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