This popular and widely read blog acts as a Legal Commentary on issues affecting Town & Country Planning including recent changes in planning legislation and judicial rulings in planning cases, as well as some thoughts on other issues arising in the course of my work as a Planning Lawyer. It was originally intended mainly for fellow planning professionals, but all are welcome to read it. The views expressed are my own and nobody else’s.
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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 [2016] 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
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