Navigating the planning process: reducing the risk of legal challenge

High profile or contentious development projects at the planning stage will often face the threat of judicial review challenge by objectors. Ben Garbett outlines how developers can ensure that the legal risks are minimised.

What are the legal risks, and how can they be reduced?

Irregularities in the planning process can give rise to legal grounds of challenge which could ultimately lead to the consent being quashed, not to mention the significant cost and delay of defending a claim in the High Court. A significant responsibility falls upon the local planning authority to 'get things right', but many of them are under-resourced and prone to error.

Unfortunately, the opportunity to correct defects after the grant of permission can be extremely limited.

The legal risks can be reduced by instructing a planning lawyer to audit the planning process and to engage with the authority handling the application process. Claims will not always be avoided but pro-active use of legal experts will increase the chance of defending any claims successfully at the earliest possible stage of the legal process.

Examples of things to watch out for include:

How Keystone Law can help

Having an experienced planning lawyer on board can ensure that any legal risks are minimised in advance. Keystone Law can provide the following planning law services:-

Ben Garbett is an experienced planning law specialist in the Keystone Commercial Property Team. Ben deals with a broad range of planning, highways and compulsory purchase matters.

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This article is for general information purposes only and does not constitute legal or professional advice. It should not be used as a substitute for legal advice relating to your particular circumstances. Please note that the law may have changed since the date of this article.

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