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authorities definition

What does authorities mean? Authorities are the legal sources a lawyer relies on to justify a proposition of law in submissions, skeleton arguments and judgments. The term is descriptive and widely used across England & Wales, Scotland, Northern Ireland and Ireland, rather than being defined by statute. Authorities typically include: primary legislation and subordinate legislation; binding appellate case law within the relevant jurisdiction; and, as persuasive material, decisions from other UK or foreign courts, tribunal rulings, EU and ECHR jurisprudence where applicable, and reputable academic commentary. In Scotland, the writings of the institutional writers (e.g. Stair, Erskine, Bell) may carry particular weight. Textbooks and...

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Planning decisions: when reasons are required, the standard to meet, and remedies for failure (England and Wales)

Practice notes
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Circumstances in which the duty to give reasons for planning decisions arises

In 2013, the statutory obligation on local planning authorities (LPAs) to provide reasons when granting planning permission was removed. Nevertheless, there remain situations in which a duty to give reasons for granting or refusing planning permission arises, either under specific statutory provisions or through the Common law ‘filling the gap’. The main categories of planning decisions where reasons must, or may, be provided are:

  • Decisions by the Secretary of State (including those delegated to inspectors):
    • following an inquiry or hearing
    • on appeals determined by written Representations
    • in relation to call-in decisions
  • Decisions at any level on applications for environmental impact assessment (EIA) development
  • Decisions by LPAs:
    • refusing planning permission
    • imposing conditions
    • granting planning permission
    • granting planning permission through an officer under delegated powers

Further details are set out below.

Sources of the duty to give reasons

Decisions by the Secretary of State and inspectors

Following an appeal inquiry or hearing

After a planning appeal inquiry or hearing, the procedural rules governing inquiries and hearings in England and Wales require...

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Web page updated on 22/05/2026

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