There are reasons for giving reasons in planning decisions, says Nicholas Dobson
- While there is no general obligation to give reasons for granting planning permission, such reasons are likely to be necessary if the committee changes its mind, departs from officer recommendations or gives permission for development in the Green Belt or in breach of the development plan.
“Never”, advised former Lord Chief Justice Lord Mansfield, “give your reasons; for your judgment will probably be right, but your reasons will certainly be wrong”. Public law has of course moved on a touch since Lord Mansfield’s 18th century advice to a newly appointed colonial governor. But to what extent does a planning authority have to give reasons for granting planning consent—in particular for a development in the Green Belt against officer advice?
That was the issue in a decision of the Court of Appeal on 15 February 2017: Oakley v South Cambridgeshire DC & another [2017] EWCA Civ 71. In the circumstances this found a common law duty requiring the council to give reasons for its decision. The council had consequently breached
