Challenge to decision to allow redevelopment of part of shopping centre. Lang J made a general point about what she saw as the difference between a planning inspector conducting an ‘adversarial procedure, akin to court or tribunal proceedings’, contrasted with a local planning authority as an administrative body, determining an individual application: ‘Its reasons ought to state why planning permission was granted, usually by reference to the relevant planning policies. But it is not conducting a formal adjudication in a dispute between the applicant for planning permission and objectors, and so it is not required to give reasons for rejecting the representations made by those who object to the grant of planning permission.’
Judges:
Lang DBE J
Citations:
[2016] EWHC 1870 (Admin)
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Dover District Council v CPRE Kent SC 6-Dec-2017
‘When a local planning authority against the advice of its own professional advisers grants permission for a controversial development, what legal duty, if any, does it have to state the reasons for its decision, and in how much detail? Is such a . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 27 November 2022; Ref: scu.567652