The following Planning practice note provides comprehensive and up to date legal information covering:
In 2013, the duty to give reasons for the grant of planning permission by local planning authorities (LPAs) was abolished. However, there are still certain circumstances in which a duty to give reasons for the grant or refusal of planning permission arises, either under specific statutory provisions or as a result of the common law ‘filling the gap’. The main categories of planning decisions where reasons need or may need to be given are:
decisions by the Secretary of State (including those delegated to inspectors):
following an inquiry or hearing
on written representations
in respect of call-in decisions
decisions at any level on applications for environmental impact assessment (EIA) development
decisions by local planning authorities (LPAs):
refusing planning permission
granting planning permission
granting planning permission through an officer under delegated powers
Following an appeal inquiry or hearing
Following an inquiry or hearing, the procedural rules governing inquiries and hearings in England and Wales require the Secretary of State to notify his decision, and his reasons for it in writing, to all persons entitled to appear at the inquiry who did appear, and any other person who, having appeared at the inquiry, has asked to be notified of the
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