Written reasons required for decision to discharge planning condition (Newey v South Hams DC)

Table of contents

• What are the practical implications of this case?
• What is the legal background to the case?
• Duty to give reasons for planning decisions
• Planning policy on ground conditions and land instability
• What is the factual background to the case?
• What did the court find?
• Officer’s failure to produce a written record of the decision
• Failure to consider NPPF para 121
• Case details

Article summary

Planning analysis: In Newey v South Hams DC, the High Court quashed a planning officer’s approval of a construction method statement and grant of a variation permission pursuant to s 73 of the Town and Country Planning Act 1990 (TCPA 1990). The decisions were unlawful because there was a breach of a statutory duty to give reasons and the council also failed to have regard to para 121 of the National Planning Policy Framework (NPPF) with regard to ground conditions at the site. The decision reminds officers of the circumstances in which they must produce a written record of their decisions, and give reasons.