Procedural requirements are usually found in legislation (or guidance documents, Codes of Practice etc. made under legislation) and set out the processes that must be followed when a public authority makes a decision.
Common procedural requirements include those on the form of consultation, the publication of notices, requirements to notify particular parties, and publication requirements.
The consequences of failing to comply with a procedural requirement will depend on the nature of the breach and on the facts of each case. The Court will consider factors such as whether there has been substantial compliance, whether the breach was technical, and whether the legislation’s purpose has been achieved.
In some limited circumstances, the Court will impose additional procedural requirements to ensure that fairness is achieved.