The duty to give reasons for planning decisions
The duty to give reasons for planning decisions

The following Planning guidance note provides comprehensive and up to date legal information covering:

  • The duty to give reasons for planning decisions
  • Circumstances in which the duty to give reasons for planning decisions arises
  • Sources of the duty to give reasons
  • Standard of reasons
  • Remedy for failure to give reasons
  • Practical considerations for decision-makers

Circumstances in which the duty to give reasons for planning decisions arises

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:

  1. decisions by the Secretary of State (including those delegated to inspectors):

    1. following an inquiry or hearing

    2. on written representations

    3. in respect of call-in decisions

  2. decisions at any level on applications for environmental impact assessment (EIA) development

  3. decisions by local planning authorities (LPAs):

    1. refusing planning permission

    2. imposing conditions

    3. granting planning permission

    4. granting planning permission through an officer under delegated powers

Sources of the duty to give reasons

Decisions by the Secretary of State and inspectors

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