Challenge

The legal systems of most jurisdictions will provide mechanisms for the challenging of planning decisions because they are an important constitu­tional feature of a developed legal system in a democratic State. In the UK, such decisions are challengeable by judicial review proceedings in the High Court and the PA 2008 requires them to be initiated within six weeks of the publication of the reasons for the decision. The court will intervene only in limited circumstances if the planning decision is illegal or unreasonable or if there has been procedural unfairness. Planning decisions can be challenged by parties with sufficient standing, which includes many oppo­nents of nuclear power and also unsuccessful applicants. The long history of environmental opposition to nuclear power from NGOs makes the pros­pects of legal challenge likely and promoters will need to plan for this possibility.