Planning authority decisions, once other remedies have been exhausted, may be open to petition for Judicial Review by the Court where you remain dissatisfied with the authority’s position. Our team, having rights of audience in the Court of Session, can take a Judicial Review case all the way from initial consideration, to representation in Court, offering a comprehensive service.
When considering an application for Judicial Review of a planning decision, the Court will focus on:
- The planning merits of the decision, rather than procedural elements (unless the procedure has been so absolutely flawed as to compromise the whole decision).
- Whether the planning authority, in reaching their decision, has exceeded their remit or their powers (and NOT whether the court would have come to a different decision).
- Whether the authority reached a decision that NO reasonable planning authority, with the relevant papers/information available to them, could have reached.
We can assist you to assess whether a Judicial Review petition may be successful and, if so, what outcomes may be achieved. We would also advise on any interim orders that may be sought (to preserve the present position, pending a proper consideration by the Court).
BTO’s strong team of solicitor advocates have a wide range of experience in Judicial Review, acting in planning law cases either for petitioners or for the defending authority.
Contact: Laura Donald, Partner firstname.lastname@example.org T: 0131 222 2939