Planning Act 2008

Planning Act 2008

2008 CHAPTER 29

Commentary

Part 6, Chapter 9: Legal challenges

Section 118: Legal challenges relating to applications for orders granting development consent

202. This section provides that-

• an order granting development consent;

• a refusal of development consent;

• a decision not to accept (for examination) an application for an order granting development consent;

• a decision in relation to an error or omission;

• a decision to change or revoke a development consent order; or

• anything else done by the Commission or the Secretary of State in respect of an application for an order granting development consent

can be challenged only by means of a claim for judicial review made in accordance with the provisions of this section. These require that any challenge to an order granting development consent must be made within 6 weeks of the order and statement of reasons being published and that a challenge to a decision to refuse development consent must be made within 6 weeks of publication of the statement of reasons for the refusal. A challenge to a decision of the Commission not to accept an application must be made within 6 weeks of the day on which the Commission notifies the applicant of its decision. A challenge to a decision in relation to an error or omission or in relation to a change to or revocation of an order should be filed within 6 weeks of the correction notice or notice of the change/revocation being given or the statutory instrument being published.