Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

authorities definition

What does authorities mean? Authorities are the legal sources a lawyer relies on to justify a proposition of law in submissions, skeleton arguments and judgments. The term is descriptive and widely used across England & Wales, Scotland, Northern Ireland and Ireland, rather than being defined by statute. Authorities typically include: primary legislation and subordinate legislation; binding appellate case law within the relevant jurisdiction; and, as persuasive material, decisions from other UK or foreign courts, tribunal rulings, EU and ECHR jurisprudence where applicable, and reputable academic commentary. In Scotland, the writings of the institutional writers (e.g. Stair, Erskine, Bell) may carry particular weight. Textbooks and...

Statutory planning challenges to decisions, orders and plans in England and Wales: scope, grounds, standing, strict time limits, remedies and Planning Court procedure

Published by a LexisNexis Planning expert

Practice notes

Introduction

Planning decisions and actions by local planning authorities (LPAs), the Secretary of State and other public bodies can be contested in the courts where the decision was unlawful. Most planning decisions are capable of challenge by a High Court application for judicial review (see Practice Note: planning judicial review). However, certain statutory schemes governing particular decisions or acts expressly preclude court challenges, including judicial review, save through a statutory application. Put simply, the legislation states that a decision or action may only be questioned under a specified statutory route. Such proceedings are termed statutory reviews or statutory challenges.

This Practice Note concentrates on the arrangements for applications for statutory planning review (usually called ‘applications’ rather than ‘claims’, though the labels are used interchangeably), which, in the planning context, comprise:

applications under section 287 of the Town and Country Planning Act 1990 (TCPA 1990) concerning the validity of simplified planning zone schemes and certain highway and other orders
applications under TCPA 1990, s 288 in respect of...

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Stephen Morgan

Landmark Chambers

Stephen has always specialised in planning and related fields of law, having graduated in both law and planning. One of his main areas of practice is village greens and commons and he regularly sits as a village green Inspector as well as advising and appearing in relation to these matters. His experience, both as adviser and advocate, also covers the range of planning and related topics, including major infrastructure projects and in particular waste and energy facilities; his work covers the regulatory aspects (under the various regimes and Directives) as well as the planning issues. His practice covers the whole range of developments including large new settlements, along with other residential, commercial and mixed use developments of all scales.Stephen has regularly given presentations as part of the Landmark Chambers seminar series but also at other major events. These have covered planning policy,...

Web page updated on 21/05/2026

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