Requirement to give reasons for grant of planning permission
The obligation placed on local planning authorities to give reasons for the grant of planning permission was the subject of R (on the application of Wall) v Brighton and Hove City Council [2004] EWHC 2582 (Admin); [2004] 46 EG 150 (CS).
The local planning authority had granted approval of reserved matters pursuant to an outline planning permission. An owner of property adjoining the application site sought judicial review of that decision on the ground that the authority had failed to comply with the requirement to give reasons imposed by article 22(1) of the Town and Country Planning (General Development Procedure)(England) Order 1995.
Officers sought to remedy the defect in the notice by writing to the members of the committee who had voted in favour of the proposal to ask them to state those reasons. They then issued the amended notice of grant containing a summary of the reasons given.
None the less, the High Court quashed the decision to grant planning permission, holding that the error had not been adequately remedied by obtaining the reasons by way of correspondence.
Wall reflects the courts’ strict approach to the requirement for planning authorities to give reasons for decisions and that even where a planning application has been considered, put out for consultation and properly debated in committee, a failure to give reasons will invalidate the grant.
Applicants therefore need to check decision notices to ensure that adequate reasons have been provided. Failure to do so can lead to judicial review, particularly where development proposals are contentious.
Gill Castorina is an associate at Paul, Hastings, Janofsky & Walker (Europe) LLP
Related article:
Requirement to give reasons for grant of planning permission
The obligation placed on local planning authorities to give reasons for the grant of planning permission was the subject of R (on the application of Wall) v Brighton and Hove City Council [2004] EWHC 2582 (Admin); [2004] 46 EG 150 (CS).
The local planning authority had granted approval of reserved matters pursuant to an outline planning permission. An owner of property adjoining the application site sought judicial review of that decision on the ground that the authority had failed to comply with the requirement to give reasons imposed by article 22(1) of the Town and Country Planning (General Development Procedure)(England) Order 1995.
Officers sought to remedy the defect in the notice by writing to the members of the committee who had voted in favour of the proposal to ask them to state those reasons. They then issued the amended notice of grant containing a summary of the reasons given.
None the less, the High Court quashed the decision to grant planning permission, holding that the error had not been adequately remedied by obtaining the reasons by way of correspondence.
Wall reflects the courts’ strict approach to the requirement for planning authorities to give reasons for decisions and that even where a planning application has been considered, put out for consultation and properly debated in committee, a failure to give reasons will invalidate the grant.
Applicants therefore need to check decision notices to ensure that adequate reasons have been provided. Failure to do so can lead to judicial review, particularly where development proposals are contentious.
Gill Castorina is an associate at Paul, Hastings, Janofsky & Walker (Europe) LLP
Related article: Court quashes planning consent issued without reasons
