Casebook: Court cases - Council criticised for failure to justify decision

In striking down Brighton and Hove City Council's permission for a block of flats, the High Court has emphasised that local planning authorities must give adequate reasons for their decisions on planning applications.

The grant of permission was challenged by a neighbour on the grounds that the council had given no reasons for its decision, contrary to the requirements of article 22(1) of the General Development Procedure Order 1995. Mr Justice Sullivan ruled that the council had an obligation to provide information of sufficient quality to justify its decision. Giving reasons in response to judicial review proceedings was insufficient to remedy the error, he held.

Wall v Brighton and Hove City Council; Date: 2 November 2004; Ref: CO/2924/2004.

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