High Court Litigation

Members of the Planning and Environment Group at No5 are regularly instructed to appear in the Planning Court and appellate courts in the following kinds of cases:

  • Judicial reviews
  • Statutory appeals against Inspector and Secretary of State decisions (Section 288 TCPA 1990)
  • Challenges to enforcement appeal decisions (Section 289 TCPA 1990)
  • Challenges to local plans (Section 113 PCPA 2004)

The group has a long history of appearances in many of the leading planning and environmental law cases, including: Alconbury (R(Holding and Barnes Plc) v Secretary of State for the Environment, Transport and the Regions) [2003] 2 AC 295, Tesco v Dundee (Tesco Stores Ltd v Dundee City Council [2012] UKSC 13) and Richborough Estates Partnership LLP and another v Cheshire East Borough Council [2017] UKSC 37.

The group has developed particular expertise in cases involving the interpretation of the National Planning Policy Framework (e.g. the presumption in favour of sustainable development, five-year housing land supply and Green Belt policy) and claimant-based judicial review, especially in respect of public consultation, Environmental Impact Assessment, Habitats Regulations and heritage issues.

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