They perform different functions.

The Planning Appeals Commission determines statutory planning appeals and conducts hearings or inquiries referred to it under the planning framework. Judicial review is a court process concerned with the legality of public decisions.

An objector does not obtain a general merits appeal by calling a challenge judicial review.

The existing Knowledge Base already explains that Northern Ireland has no general third-party planning merits appeal simply because an objector disagrees with approval.

The proposed defendant depends on the decision.

A legal challenge may concern a council, Department or other public decision-maker. The Commission's involvement in an inquiry does not automatically make it the correct target for every later challenge.

Northern Ireland has its own court procedure.

Do not use the England and Wales Pre-Action Protocol or six-week planning rules without Northern Ireland legal advice.

Preserve the planning and Commission records.

If a PAC report informed the decision, keep the report, hearing or inquiry documents and the final decision so lawyers can assess the relationship between recommendation, evidence and determination.

Sources and further information

Department of Justice NI - Judicial review

Planning Act (Northern Ireland) 2011

Last checked: 26 September 2026

Obtain Northern Ireland public-law advice promptly.

Judicial-review procedure and time requirements are jurisdiction-specific and should be checked against the current Rules of the Court of Judicature and relevant planning legislation.

Preserve the decision and reasons.

Keep the council or Department decision, officer or committee report, PAC material where relevant, conditions, approved plans and correspondence.

Identify the public-law issue.

Explain whether the concern involves statutory powers, procedure, policy interpretation, relevant considerations, reasons, fairness or another alleged legal defect.

Do not rely on a complaint process to protect a court deadline.

Administrative complaints and requests for explanation can be useful, but legal advisers should determine whether separate court action must be taken within a running time limit.

Keep merits arguments separate.

The fact that a campaign considers the planning judgement poor does not by itself establish a judicial-review ground.

Sources and further information

Department of Justice NI - Judicial review

Planning Act (Northern Ireland) 2011

Last checked: 26 September 2026