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Do we have a case for a judicial review for this planning decision ?

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  • Do we have a case for a judicial review for this planning decision ?

    In 2010 our local council approved use of floodlights to a local football club. They restricted the use to 12 midweek occasions during the football season with S106 conditions in order to protect the amenity of local residents, some of whom live less than 30m from the pitch and it's in a conservation area.
    Since 2010 the nuisance noise and disturbance has increased significantly as match crowds have grown.
    Recently the club applied to increase the limit to 24 midweek occasions and the council approved it even though there has been no change in circumstances.
    Our amenity has suddenly become worth only half what it was in 2010.
    Our main argument for a review is that the council made a commitment in 2010 to protect the amenity of local residents and then more recently swept that decision aside.
    That just doesn't seem right to us.
    I would appreciate any opinions.
    Thanks.
    Tags: None

  • #2
    Judicial review is usually something outside the realms of this forum other than giving general points.

    JR is a specialist subject and also very costly if you get it wrong. I would recommend you go and speak to a lawyer who has the expertise to provide some initial advice on the prospects of making a challenge, as the information you've supplied is certainly not enough to warrant any real opinion of where you would be successful or not as it can turn on a number factors.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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    • #3
      Oh for crying out loud
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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      • #4
        Originally posted by atticus View Post
        Oh for crying out loud
        What do you mean?

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        • #5
          I think I was responding to a nutjob post that has been removed. It was nothing to do with anything you or Rob have said.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment

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