Save Britain's Heritage, R (on the application of) v Secretary of State for Communities and Local Government & Ors [2018] EWCA Civ 2137 (04 October 2018)

Save Britain's Heritage, R (on the application of) v Secretary of State for Communities and Local Government & Ors [2018] EWCA Civ 2137 (04 October 2018)

The Secretary of State was under a duty to give reasons for not calling in the planning application under s.77 of the Town and Country Planning Act 1990 because of a legitimate expectation created by an express ministerial promise in 2001, which was never publicly withdrawn or modified. There is no general common...

Source-derived case information.

Citation
[2018] EWCA Civ 2137
Parties
Appellant: Save Britain's Heritage; 1st Respondent: Secretary of State for Communities and Local Government; 2nd Respondent / Interested Party: Westminster City Council; 3rd Respondent / Interested Party: Great Western Developments Limited
Jurisdiction
England and Wales
Judgment Date
04 October 2018
Procedural Posture
Judicial Review Appeal / Appeal From High Court (queen's Bench Division, Planning Court) to Court of Appeal
Outcome
Appeal allowed in part; declaration granted on legitimate expectation ground, dismissed on general duty ground.
Legal Topics
Legitimate Expectation, Duty to Give Reasons, Procedural Fairness, Planning Permission, Call in Powers, Policy Change
Administrative Law Planning Law Public Law Legitimate Expectation Duty to Give Reasons Procedural Fairness Planning Permission Call in Powers +1 more

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Summary, issues, holding and outcome

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Parties

Save Britain's Heritage

Appellant

Secretary of State for Communities and Local Government

1st Respondent

Westminster City Council

2nd Respondent / Interested Party

Great Western Developments Limited

3rd Respondent / Interested Party

Procedural Posture

Judicial Review Appeal / Appeal From High Court (queen's Bench Division, Planning Court) to Court of Appeal

Legal Issues

  1. 1 Whether the Secretary of State is under a legal duty to give reasons for a decision not to call in a planning application under s.77 of the Town and Country Planning Act 1990
  2. 2 Whether a legitimate expectation arose from a ministerial promise to give reasons for non-intervention
  3. 3 Whether a change in practice without public announcement can lawfully override a published policy

Ratio Decidendi

The Secretary of State was under a duty to give reasons for not calling in the planning application under s.77 of the Town and Country Planning Act 1990 because of a legitimate expectation created by an express ministerial promise in 2001, which was never publicly withdrawn or modified. There is no general common law duty to give reasons for such decisions, but the legitimate expectation arising from the promise prevails.

Court Disposition

Appeal allowed in part; declaration granted on legitimate expectation ground, dismissed on general duty ground.

Orders

  • Declaration that the Secretary of State was required to give reasons for any decision whether or not to call in applications for planning permission and/or listed building consent for his own determination under s.77, based on the 2001 promise and legitimate expectation.