Major Infrastructure

Yes, but strict time limits apply. For Development Consent Orders (DCOs) under the Planning Act 2008, you generally have six weeks from the decision to bring a judicial review challenge. For other planning permissions, judicial review must usually be brought within six weeks of the decision. It's crucial to seek legal advice immediately upon learning of a decision you wish to challenge. In some circumstances, we may also be able to challenge later stages of implementation or pursue alternative legal avenues even after the main planning permission is granted.

Common grounds include: inadequate Environmental Impact Assessment or failure to consider environmental information properly; failure to consider reasonable alternatives; unlawful interpretation or application of planning policy; procedural unfairness or inadequate consultation; failure to properly balance competing interests; breach of environmental law requirements (such as habitats protection); and human rights violations. The specific grounds depend on your circumstances and the nature of the development. We assess the merits carefully before proceeding, as costs protection may be available for environmental challenges.

You have several options: you can object to the CPO itself, challenging whether compulsory purchase is legally justified and proportionate; you can negotiate compensation with the acquiring authority; or you can refer compensation disputes to the Upper Tribunal (Lands Chamber). The process has several stages, including a public inquiry where objections are heard. We can represent you throughout, challenging the legal basis for acquisition where appropriate, ensuring you receive maximum compensation, and protecting your human rights. Early advice is crucial as there are strict procedures and timeframes at each stage.

Costs vary depending on the complexity of your case and the type of challenge. Judicial review proceedings can be expensive, but important protections exist: environmental challenges benefit from costs capping orders that limit your financial risk; legal aid may be available in some cases; and community groups can share costs. We offer transparent fee estimates and can advise on funding options including crowdfunding, conditional fee agreements, and costs protection. In many cases, the threat of well-founded legal challenge can secure better outcomes through negotiation, avoiding the need for full litigation.