RE: BALCOMBE decision wil lbe challenged15 Feb 2023 08:41
BV - firstly, the swampies will need deep pockets. Not just to meet their own legal costs (c£100k), but if they lost the JR they would automatically be liable for the legal costs of the other parties (Secretary of State for the Planning Inspectorate).
They have 6 weeks from the date of the decision to make the JR. A judge will initially consider if there is any substance to the claim worthy of being examined. Then it proceeds to a Hearing. The courts are not interested in the judgment calls of the Inspector or the merits of the case. Purely examining the legal points, such as have all the relevant planning policy and guidance have been taken into account and not misconstrued, or an issue being considered that shouldn't have been taken into account.
If the swampies were to win, the case is referred back to the Planning Inspectorate for them to determine again, and not make the same legal error. In my experience, in these types of cases, the newly appointed Inspector follows the previous Inspector but doesn't trip up on the point of law.