Reasons after CPRE

Reasons after CPRE


CategoryNews Author Daniel Stedman Jones Date

Just before Christmas, Lang J handed down judgment in the case of R(Rogers) v Wycombe DC [2017] EWHC 3317 (Admin), which is one of the first to consider some of the implications of the Supreme Court’s guidance on reasons in planning cases in the Dover v CPRE (Kent) [2017] UKSC 79.

The case concerned the way in which the local planning authority dealt with an old-style section 52 planning agreement when granting planning permission for development in an AONB in the countryside. In particular, Lang J determined that, although there were deficiencies in the reasoning in connection with the section 52 agreement, the court would exercise its discretion to refuse relief in circumstances where reasons had been provided subsequently within the proceedings and it was clear on the facts that the agreement had been considered lawfully.

The judgment will be particularly important for local planning authorities to consider when officers make delegated decisions. Daniel Stedman Jones acted for Wycombe DC.

You can read the full judgment by clicking here.


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