TOP TIPS: Challenging Planning Permission

Planning permission might not be the first thing you think of when you hear animal protection law; however, there are many situations where the grant of planning permission could have huge repercussions for animals and their protection.  Some examples of controversial planning permission disputes could include a new intensive farm, a new zoo or an animal testing facility. Local authorities are responsible for planning decisions.

If you are concerned over a planning proposal, or planning permission that has recently been granted, below are some key tips to keep in mind. 

1. Engage a solicitor at an early stage

It is not always the case that there will be strong grounds to challenge a planning proposal/permission; however, there are a lot of nuances and complexities in planning decisions that a solicitor will be able to assist you with. For example, a solicitor would be able to advise on key arguments to make during the planning stage with a view of the decision going in your favour or, failing that, ensuring you have standing to bring a challenge should the decision not go in your favour. 

2. Submit a response to the planning application

When a planning application is submitted, people who live in the area will be notified of the application and consultation process. However, anyone is entitled to respond to the application.  

A response is incredibly important, as one obstacle to bringing a challenge, in the event planning permission is granted, is whether you have sufficient interest to do so, which is referred to as ‘standing’. A response therefore could be used to prove standing.

It is also possible that your submission will lead to success and thus avoid the permission being granted in the first place. It is important that this submission contains legitimate and credible objections to the claim in order to give it its best chance at success. You will also want to ensure that all the key reasons to object are within it, which will help you rely on them later should you bring a challenge. 

3. Monitor planning portal 

To ensure you do not miss any important information it is important you monitor the local authority’s planning portal. The key documents you will want to read are:

a) the original planning application

b) the planning officer’s report

c) the planning committee’s decision

4. Are you in time?

There is a strict six-week time limit for challenging a planning decision, it is therefore important that you move quickly following the granting of planning permission. This is particularly important as there is an expectation that you will have sent a pre-action protocol letter and received a response from the other side before issuing the claim. 

5. Have you got the funds?

Funding legal cases can be expensive, although Advocates for Animals does charge far below commercial rates. 

Another risk is that should you lose you will likely need to pay the winning side's costs. Many planning cases are covered by the Aarhus Convention, meaning that an individual's costs risk is capped at £5000 and an organisation is capped at £10,000. However, to secure this there are strict rules that need to be complied with, once again highlighting the need to have experienced solicitors on your side. 

How can we help?

At Advocates for Animals, we have successfully helped our clients challenge planning decisions. 

Getting advice

This post is not legal advice and should not be relied on as such. If you require legal advice on animal protection laws please contact info@advocates-for-animals.com.