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ARTICLE · 30 SEPTEMBER 2026

Planning Decisions Under Challenge: Why The Best Defence Starts Before Permission Is Granted

Irwin Mitchell
Irwin Mitchell
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Irwin Mitchell

Irwin Mitchell

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United KingdomLitigation, Mediation & Arbitration

When a planning decision is challenged, attention naturally turns to the legal arguments. But in my experience, the strongest defence is rarely built after proceedings are threatened. It is built much earlier, through a robust decision-making process and a clear audit trail that can withstand scrutiny.

Planning litigation is not simply a legal issue. A challenge can delay development, disrupt funding arrangements, increase costs, affect contractual commitments and generate unwelcome publicity. For developers, landowners, funders and public bodies alike, understanding and managing challenge risk should be part of project planning from the outset.

The importance of a pre-decision health check

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