Save Britain's Heritage, R (on the application of) v Secretary of State for Communities and Local Government & Ors

Save Britain's Heritage, R (on the application of) v Secretary of State for Communities and Local Government & Ors

The Secretary of State was required to give reasons for not calling in planning applications under s.77 due to a legitimate expectation arising from an unequivocal ministerial promise made in 2001, which was never publicly withdrawn; there is no general common law duty to give reasons for such procedural decisions.

Parties
Appellant: Save Britain's Heritage; 1st Respondent: Secretary of State for Communities and Local Government; 2nd Respondent: Westminster City Council; 3rd Respondent: Great Western Developments Limited
Jurisdiction
England and Wales
Judgment Date
04 October 2018
Procedural Posture
Judicial Review / Appeal From High Court
Outcome
Appeal allowed in part
Legal Topics
Legitimate Expectation, Duty to Give Reasons, Ministerial Discretion, Planning Permission, Procedural Fairness
Administrative Law Planning Law Public Law Legitimate Expectation Duty to Give Reasons Ministerial Discretion Planning Permission Procedural Fairness

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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

Great Western Developments Limited

3rd Respondent

Procedural Posture

Judicial Review / Appeal From High Court

Legal Issues

  1. 1 Whether the Secretary of State is required to give reasons for not calling in planning applications 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
  3. 3 Whether there is a general common law duty to give reasons for procedural decisions

Ratio Decidendi

The Secretary of State was required to give reasons for not calling in planning applications under s.77 due to a legitimate expectation arising from an unequivocal ministerial promise made in 2001, which was never publicly withdrawn; there is no general common law duty to give reasons for such procedural decisions.

Court Disposition

Appeal allowed in part

Orders

  • Declaration granted that the Secretary of State was required to give reasons for decisions whether or not to call in applications for planning permission and/or listed building consent under s.77, based on legitimate expectation from the 2001 promise.
  • No general common law duty imposed.