In Truro City Council v Cornwall Council [2013] EWHC 2525 (Admin); [2013] PLSCS 199, the claimant sought to quash the decision of the defendant to grant planning permission for a large controversial mixed-use development. One of its grounds of challenge was that the defendant had failed to give adequate reasons pursuant to article 31 of the Town and Country Planning (Development Management Procedure) Order 2010 (“the 2010 Order”). This obliges a local planning authority (LPA), on determining a planning application, to provide certain information in its written decision notice.
In its then form, article 31 required the decision notice (i) to include a summary of the LPA’s reasons for the grant (ii) to include a summary of the development plan policies and proposals relevant to its decision, and (iii) if permission had been granted subject to conditions, to state clearly and precisely the full reasons for each condition, specifying the relevant development plan polices and proposals. (Where planning permission was refused, the notice had to state clearly and precisely the LPA’s full reasons, again specifying the relevant development plan policies and proposals.)
The court rejected this ground of challenge. Following earlier decisions of the Court of Appeal, it held that, as this was a case where the members of the planning committee followed the recommendation in the officers’ report, and there was no indication that they had disagreed with the statement of reasons set out in that report, a brief summary of reasons was adequate to comply with the statutory requirement.
On 25 June 2013, the provisions of the Town and Country Planning (Development Management Procedure) (England) (Amendment) Order 2013 (”the 2013 Order”) came into force. They make a number of changes to the 2010 Order, but in particular they amend article 31.
Where planning permission is granted, the requirement to include both a summary of the reasons for the grant of permission and a summary of the development plan policies and proposals relevant to the decision to grant permission is removed. Where planning permission is granted subject to conditions, all that is now required is a clear and precise statement of the full reasons for each condition. Where planning permission is refused, however, the previous requirements of article 31 stand unamended.
These changes came about as part of the government’s programme for streamlining the planning application process.
John Martin
