Planning Inspectorate

[islandgirl]

Does anyone have any experience of challenging a Planning Inspectorate decision in the High Court? Are there solicitors who specialize in this field? Many thanks

[pdk]

You have six weeks to challenge a decision but the quicker the better...

You can also only challenge a decision if it legally flawed... so the Council might have omitted considering of an critical policy, for instance... You cannot challenge on a matter of opinion - so disagreement on a planning policy interpretation is not relevant to a challenge.

You have to have a barrister acting for you and they must be instructed through a solicitor. I can put you on to someone and can speak to my barrister if you wish. I can instruct barristers on planning issues but not on high court proceedings...

Also be aware that if you win you don't get rid of the decision - it merely goes back to the council for re-determination, so you might even end up with the same conclusion...

The best thing is to take Counsel's advice as a first step... or we could give an initial opinion...

Regards,

PETER KYTE


NOTE: Peter Kyte BSC (Hons) DipTP MRTPI CGeog is an official LandlordZONE Topic Expert… For more information on Peter D Kyte Associates and Enabling Projects please see the websites at http://www.enablinguk.com and http://www.development-seekers.com. Any advice given by Peter Kyte in this Forum is of a general nature only and should not be taken to be a final and binding planning opinion. Based on any initial advice given you are strongly advised to seek a further professional opinion, which may involve a site visit and a detailed analysis of the issues... For information on the sort of work Peter undertakes please see TRACK RECORD (http://www.enablinguk.com/track.html), WORKING WITH INVESTORS (http://www.enablinguk.com/ur-property-investors-planning.html), and PROJECT TYPES (http://www.enablinguk.com/planning-project-permission-appeal-UK.html)...