ABSTRACT

The Secretary of State (SoS) carries out a quasi-judicial function in relation to the operation of planning legislation since he deals with the planning merits of cases and also the law relating to planning. Legal challenges to decisions taken by the SoS may be made within six weeks of the decision on a point of law and can be mounted by 'a person aggrieved', that is, the applicant, or in certain cases by third parties. It is not the intention that any person who feels strongly about the matter should have the right of challenge, and an individual must show that he has 'sufficient interest', to entitle him to apply for a judicial review. Local planning authorities are encouraged to allow objectors the opportunity to appear both when an application is determined by the committee and also in the event of an appeal against the decision of the local authority.