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Court of Appeal declares that SoS must give reasons for not calling in planning application (Save Britain’s Heritage v SCLG)

Court of Appeal declares that SoS must give reasons for not calling in planning application (Save Britain’s Heritage v SCLG)
Published on: 08 October 2018
Published by: LexisPSL
  • Court of Appeal declares that SoS must give reasons for not calling in planning application (Save Britain’s Heritage v SCLG)
  • What are the practical implications of this case?
  • What is the legal and policy background to the case?
  • What is the factual background to the case?
  • What did the court find?
  • Duty to give reasons
  • Legitimate expectation
  • Case details

Article summary

Planning analysis: In Save Britain’s Heritage v SCLG, the Court of Appeal overruled the decision of the planning court, declaring that the Secretary of State (SoS) should have given reasons for deciding not to call in the planning application for the controversial Paddington Cube development in London. The Court of Appeal rejected submissions that a general common law duty to give reasons for non-intervention applied, or should intervene to ‘fill the gap’. Instead, it found that the government had created a legitimate expectation, based on a promise, that reasons for non-intervention would be given. That promise had never been withdrawn, meaning that the court declared that the SoS is required to give reasons for any non-intervention. or take a trial to read the full analysis.

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