South Bucks District Council v Porter [2001] EWCA Civ 1549; [2004] UKHL 33

Planning update: A legitimate expectation to what, exactly?

The Court of Appeal has considered whether the Secretary of State is required to give reasons for deciding not to ‘call in’ a planning application. Ralph Kellas considers the court’s findings and its implications ‘Lewison LJ deemed it an important question whether the SoS is required to give reasons for his decision whether or not …

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Planning update: A reasoned approach

Ralph Kellas examines a local planning authority‘s duty to give reasons, in light of recent case law ‘Statutory requirements to give reasons in relation to planning decision-making have developed piecemeal. They apply to a range of types of decision and decision-maker.‘ In September 2016, the Court of Appeal ruled that Dover District Council had failed …

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Proportionality: Using a sledgehammer

Paul Kent and Sally Coleman explore a decision that underscores the need for proportionality in choosing the correct planning enforcement procedure ‘The court was scathing in its view of the action taken by the authority, finding on all four counts of alleged breach that the application was either “disproportionate”, “oppressive”, or both.’ Unnecessary, disproportionate and …

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