- Secretary of State has no duty to give reasons for not calling in planning application (Save Britain’s Heritage v SCLG)
- Original news
- What is the significance of the decision for decision-makers and developers?
- What is the factual background to the case?
- What is the legal background to the case?
- What were the grounds of challenge?
- Why did the court dismiss the challenge?
- Ground 1—no legitimate expectation that reasons would be given
- Ground 2—fairness duty did not require reasons
Planning analysis: In Save Britain’s Heritage v SCLG, the court dismissed a challenge against the Secretary of State (SoS)’s decision not to call in a planning application for the Paddington Cube development in London. Policy changes since 2001 had established that there was no duty on the SoS to give reasons for not calling in a planning application and therefore there could be no legitimate expectation that reasons would be given, nor any common law duty to imply such a duty.
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