What can developers do when an individual or group threatens to bring judicial review proceedings to challenge a planning decision?
7th October, 2026
When the decision of a Local Planning Authority or Planning Inspector is challenged in judicial review or statutory challenge process, a developer may ask 'where do I fit in' and 'what can I do?'
You have finally had your application for planning permission granted and you are ready for ‘spades in the ground’, only for a legal challenge to be brought in respect of the planning permission which you have just successfully obtained. Here, developers find themselves in an unusual situation, where they are neither the Claimant nor the Defendant (the latter being the relevant Local Planning Authority or – in the case of a Planning Inspector – the Secretary of State). In these circumstances, the developer may take the role of an Interested Party.
What is a judicial review of a planning decision?
A judicial review is not a challenge to the merits of the planning decision in question. Instead, the court looks at whether the decision maker acted lawfully, followed the correct procedure, took relevant matters into account, and reached a legally rational decision. If a judicial review claim is successful, the main remedy is for the decision of the planning permission to be ‘quashed’. The relevant public authorities may then re-take the decision, attempting to address the legal defect(s) identified by the Court when doing so.
What can a developer do to help defeat the legal challenge?
Developers will often look to defend the decision to grant planning permission. There is much that a developer may do to show that the Local Planning Authority or Planning Inspector acted lawfully, followed the correct procedure, took relevant matters into account and reached a rational decision. The backdrop being that the Developer was the Applicant throughout the above planning process and, as such, will have relevant information to contribute.
Developers should take early legal advice whenever a challenge to the decision of a Local Planning Authority or Planning Inspector is threatened. Judicial review of planning decisions are subject to short and strict time limits. As such, there may be a lot for a developer to do in very little time. Once you have taken early legal advice, you will be well-placed to decide whether you wish to:
- Engage with the Local Planning Authority from the outset and discuss how best to respond to the challenge.
- Reply to pre-action correspondence from the Claimant, prior to legal proceedings being brought before the Courts.
- Consider whether the complaint can be remedied and the dispute/litigation may be avoided. By way of example, can a supplementary planning obligation in the form of a Section 106 Agreement be entered into between the Local Planning Authority and the developer which addresses the substance of the challenge? This may render the legal challenge academic.
- Apply to be joined to proceedings as an Interested Party and file pleadings, witness statements and evidence. You can then also have a barrister make submissions on your behalf at hearings.
Often, when a challenge in judicial review of a planning decision is brought, development on-site is brought to halt, leading to delays and costs. We can consider with you whether steps can be taken to continue development whilst the above legal process is ongoing.
Judicial review specialists
At Ward Hadaway, we have acted for many developers as interested parties in high-value and often well-publicised judicial review proceedings. We also act for Defendant Local Planning Authorities and Claimants. With this experience, we have the expertise to facilitate a joined-up approach, wherever possible, between Developers and LPAs responding to legal challenges.
If you have any questions, please get in touch with our specialist Judicial Review solicitors.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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