Planning decisions can have far-reaching consequences for individuals, communities and whole regions.

In limited circumstances, planning and planning related decisions can be challenged through the courts either under the Planning Act (Statutory Appeals) or by judicial review. 

Challenges do not re-examine the merits of a case but are restricted to whether it meets legal requirements. Where a challenge is successful, the court does not take the planning decision. It is referred back to the decision maker for a fresh decision, taking account of the courts judgement.

Identifying whether there are grounds for a challenge takes an expert knowledge of planning law, something we have in abundance. Our team can advise no matter what kind of decision was involved – including the adoption of local plans, outcome of a planning appeal and enforcement notice appeals. 

Challenges under the Planning Act must be taken in the Court of Session by a person with sufficient legal standing, usually someone who participated in the process, within a strict six weeks of the decision being taken. Due to this it makes sense to have us as the legal adviser during the initial process. The right to judicial review should also be taken as early as possible. 

For more information please contact Alastair Mckie.