Lavender v Minister of Housing and Local Government: 1970

While it is not for the courts to interfere with the formulation or administration of the Minister’s planning policies, the Minister is not able to dictate the exercise of discretion on the basis of a policy mandate.


Willis J


[1970] 1 WLR 1231, [1970] 3 All ER 871

Cited by:

CitedEaling London Borough Council v The Audit Commission for Local Authorities and Another Admn 17-Feb-2005
The authority complained at the intended use by the respondent of a performance assessment issued by a third party. The Audit Commision appealed.
Held: The use of the third party assessment was proper where that body had the appropriate skills . .
CitedAudit Commission for England and Wales v Ealing London Borough Council CA 16-May-2005
The authority complained that the respondent intended to adopt the assessment of its performance the judgment of a third party.
Held: There had been no unlawful delegation of the Audit Commissions duties. The Commission for Social Care . .
CitedDouglas John Merritt v Secretary of State for Environment, Transport and Regions and Mendip District Council Admn 5-Aug-1999
The applicant appealed refusal of planning permission for residential development of a small plot of land. The said that the inspector had wrongly rejected the application of a Grampian condition on the basis that it would not be fulfilled and also . .
Lists of cited by and citing cases may be incomplete.

Local Government, Planning

Updated: 30 April 2022; Ref: scu.225437