Reasons for the Grant of Planning Permission: A De Facto Duty? An Elevated Standard? The Decisions in Oakley v South Cambridgeshire DC and R. (on the application of Campaign to Protect Rural England) v Dover DC

摘要

Cases are like buses. You wait for ages and then ... in the past nine months, the Court of Appeal has handed down two significant judgments on the scope of the duty to give reasons for the grant of planning permission. R. (on the application of Campaign to Protect Rural England) v Dover DC and Oakley v South Cambridgeshire DC~2 are notable judicial interventions in the machinery of local planning authority decision-making. The cases bring "reasons challenges" back to the centre stage after a number of years in the wilderness. After Oakley, one might legitimately ask whether there is now, despite the conspicuous absence of a statutory duty to do so, a de facto common law duty to give reasons for the grant of planning permission. After CPRE v Dover, one might legitimately ask whether the standard of reasons required is raised in respect of such grants. Read together, the judgments are likely to have significant ramifications for planning committee decision-making and will require careful attention not only from local authority planning lawyers but also from those with an interest in challenging and defending the grant of planning permission.