Objectors to planning decisions could be dissuaded by new ruling

A recent Court of Appeal decision found that litigants challenging planning permission could only avail of protective costs orders if their challenge was based on national environmental law

23rd November, 2021
Objectors to planning decisions could be dissuaded by new ruling
Protective costs orders are often sought by those challenging large-scale planning developments by way of judicial review

Applicants taking a legal challenge in certain planning cases will be forced to carefully consider their actions due to a recent judgement which curtails protection from costs, lawyers have said.

The Court of Appeal ruling, delivered by Ms Justice Caroline Costello last month, found that litigants challenging planning permission should only be allowed to avail of a protective costs order (PCO) for aspects of a challenge brought on the basis of national environmental law.

A...

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