Overview

Our specialist team of lawyers advises on judicial review of planning decisions, as well as statutory challenges for claimants and defendants in the High Court, Court of Appeal and Supreme Court. With expertise in the wider planning area, we specialise in planning applications and appeals which progress to these levels in the court system.

Our team regularly supports clients facing judicial review of planning decisions and appeals. We advise not only on grounds for challenging planning decisions, but also the merits of such challenges. We understand the costs regime and its application to environmental challenges that fall within the Aarhus Convention.

Working with specialist lawyers across our firm in sectors such as energy and environment, we provide high quality, pragmatic advice on the judicial review of planning decisions. We have particular experience in defending challenges to energy consents, as well as seeking and securing expedition of such claims.

Areas of focus

Our experience with judicial review of planning decisions includes the following:

  • Acting for developers, tenants and local residents.
  • Defending challenges to planning permission.
  • Challenging planning permission and overturning consent.
  • Advising on grounds for appeals to planning decisions.
  • Challenging appeals.
Experience

Acting for developers on successfully defending challenges to renewable energy consents under s36 of the Electricity Act 1989.

Acting for developers in successfully defending challenges to planning permission for onshore wind farms granted at appeal, including Batsworthy Cross, Milton Keynes and Alaska, Dorset.

Acting for a scheme promoter in relation to a challenge to a rival development scheme.

Acting for farmers bringing and defending challenges to farm-based development including polytunnels and energy schemes.

Advising local residents on a challenge to a grant of planning permission for in-fill residential development and successfully overturning the consent.

Acting for a tenant farmer in challenging an appeal decision to grant planning permission for farm diversification scheme in the High Court and Court of Appeal.

Meet the team
Elizabeth Dunn

Elizabeth Dunn Partner

  • Energy and Utilities
  • Infrastructure
  • Real Estate
Julian Boswall

Julian Boswall Partner

  • Energy and Utilities
  • Infrastructure
  • Planning and Compulsory Purchase
Patrick Robinson

Patrick Robinson Consultant

  • Energy and Utilities
  • Infrastructure
  • Planning and Compulsory Purchase
Gary Soloman

Gary Soloman Partner

  • Head of Planning and Compulsory Purchase
  • Regeneration and Highways
  • Compulsory Purchase and Compensation
Craig Whelton

Craig Whelton Partner

  • Scottish Planning 
  • Energy and Utilities 
  • Compulsory Purchase and Compensation

What others say...

Burges Salmon takes complicated matters and addresses them in a straightforward manner that is easy to follow for the clients.

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