Joanna Bell: Dover DC v CPRE Kent: Legal Complexity and Reason-Giving in Planning Law – UK Constitutional Law Association

Posted January 23rd, 2018 in appeals, local government, news, planning, Supreme Court by sally

‘Where a public authority determines an application for planning permission in what form, and in what level of detail, must the authority set out the reasons for their decision? What, furthermore, are the consequences of failing to provide reasons which meet the requisite standard? The Supreme Court’s recent decision in Dover DC v Campaign to Protect Rural England (CPRE), Kent is a clear reminder that there is no singular, straightforward answer to these questions. Thus reason-giving requirements vary in planning law according to, at least, the decision-maker under review (local authority, officer exercising delegated powers or the Secretary of State), whether planning permission is refused or granted, the nature of the development for which permission is sought and the type of land to which the application relates.’

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UK Constitutional Law Association, 22nd January 2018