Monday, 6 March 2017
Reasons for granting planning permission yet again (and finally?)
I have reported on several cases in the past few weeks in which the need for a local planning authority to state its reasons for granting planning permission has been reviewed by the courts. On Tuesday, 17 January, I reported on the case of R (CPRE Kent) v Dover DC  EWCA Civ 936, in which judgment was given on 14 September 2016. The Supreme Court has now given permission to the LPA and the developer to appeal against the Court of Appeal’s decision.
The appeal should be heard in the Supreme Court towards the end of the year, and it is to be hoped that a definitive ruling will then be given as to whether or not an LPA is under any legal obligation to state its reasons for granting planning permission and, if so, in what circumstances and to what extent.
Watch this space around the end of the year.
© MARTIN H GOODALL