Challenging a decision

Once a decision is issued it cannot be amended or changed. Decisions are therefore final unless successfully challenged in the High Court.

The only way to reconsider a decision is if a challenge is successful and the decision is returned for re-determination.

Grounds for challenging the decision

A decision cannot be challenged merely because someone disagrees with the Inspector’s judgement. For a challenge to be successful, it is necessary to demonstrate that the Inspector had misinterpreted the law or that some relevant criteria had not been met.

If in relation to an order decision, a mistake has been made, and the Court considers it might have affected the decision, it will quash the decision and return the case for re-determination or it will quash the order completely. If the Court considers a mistake has been made on a Schedule 14 Appeal, it will quash the decision and return the case for re-determination.

Complaint to the Local Government Ombudsman

To make a complaint about your local council or local authority, you must first complain to the council concerned. If the matter is not resolved to your satisfaction, you can then go to the Local Government Ombudsman.

The Leith Planning Group
4 The Crossroads Business Park,
Freckleton Street,

01253 795 548

© 2019 by Leith Planning

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