Judicial Review3 Dec 2016 22:53
A Judicial Review can only be taken against a public body, not a private individual or company. A Judge of a Judicial Review only has to look at the terms of regulations governing the pubic office and decide if the correct procedures have been followed by them. If they have not, then it goes back to square one, and the office can review its procedures and do them properly and reinstate the planning permission again. At best it would be a delaying tactic. But, since this is the Department of the Environment, then it is most unlikely that they have omited the correct procedures by not taking into account the plaintive's submission re environmental impact etc.. IMO the plaintive is wasting their money which will cost upwards of £30,000, probably more like £60,000 to £100,000 as expert witnesses will have to be called in and the case would be strung out.If the JR rules in favour of the DofE then if the plaintive wishes to take it to appeal, if allowed, it will cost this a like sum to bring the appeal. I hope this is not being done
under Legal Aid ? !