Review of decisions by the Secretary of State (SoS) in the courts Q & A DCP Section 6.4

As described at (5.4), decisions made by the SoS, or by an inspector or reporter acting on their behalf, may be challenged in the High Court in England and Wales under sec.288 or sec. 289 of the 1990 Act, or in Scotland in the Court of Session under sec.237 and sec.239 of the Town and Country Planning (Scotland) Act 1997. Many conflicts are based purely on factual interpretation of planning law or policy and are detailed in the appropriate sections of this manual. Alternatively, there may be dispute as to whether the relevant rules have been followed (see 5.3). However, a considerable number of other decisions are questioned as to the reasonableness, correctness or justness of the way in which they have been arrived at, and it is these that mainly concern this section. Sheer weight of numbers precludes mention of all the cases that touch upon these matters. Examples have therefore been selected to illustrate the various ways in which decision letters have been called into question, together with the ensuing results.

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