Appealing a Planning Approval: Options for Third Parties e.g., Neighbours, Community Groups

While third parties (e.g., neighbours, community groups) cannot appeal the approval of a planning application, they do have some avenues to challenge the decision:

1. Judicial Review
  • Definition: A legal process where a judge reviews the lawfulness of a decision or action taken by a public body.

  • Grounds: Can only challenge the process of the decision-making, not the merits of the decision itself. Grounds might include procedural errors, unreasonableness, or illegality.
  • Time Limit: Must be filed promptly, usually within six weeks of the decision.

If pursuing a judicial review, gather evidence of procedural errors, unreasonableness, or illegality in the decision-making process. File the application for judicial review promptly within the six-week time limit.

2. Complaints to the Local Government Ombudsman
  • Definition: If there are concerns about maladministration or procedural faults in how the planning decision was made, a complaint can be lodged with the Local Government Ombudsman.

  • Outcome: The Ombudsman can recommend remedies if maladministration is found, but cannot overturn the planning decision.

3. Calling In by the Secretary of State
  • Definition: In certain circumstances, particularly controversial or significant planning applications can be called in for review by the Secretary of State.

  • Process: Requires lobbying the local Member of Parliament (MP) or directly contacting the Secretary of State to request that the application be called in for a public inquiry.

  • Outcome: The decision is reviewed and potentially overturned if found to be significantly flawed or of national importance.

Engage with local MPs and community groups to lobby the Secretary of State to call in the application for review. Provide a strong case highlighting the national or significant local importance of the issue.

4. Challenging Conditions
  • Definition: If a planning permission includes conditions, third parties can monitor compliance and raise concerns if conditions are not met.

  • Process: Report non-compliance to the LPA, which has enforcement powers to ensure conditions are adhered to.

Conclusion

While third parties cannot directly appeal the approval of a planning application, there are several legal and procedural avenues to challenge the decision. These include judicial review, complaints to the Local Government Ombudsman, and requesting a call-in by the Secretary of State. Each of these options focuses on ensuring that the decision-making process was lawful and procedurally correct.

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