Jurisdiction(s):
United Kingdom

Cross v Cornwall Council [2021] EWHC 1323 (Admin): when planning committees must give reasons for approvals contrary to officer recommendation, and need to articulate them before voting (England and Wales)

Published on: 27 May 2021

Published by a LexisNexis Planning expert

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Article summary

R (on the application of Cross) v Cornwall Council and Wilton [2021] EWHC 1323 (Admin)

What are the practical implications of this case?

This decision offers practical direction to planners and practitioners on how to approach the giving of reasons for planning outcomes, notably where approvals run against officer advice, and on the considerations when tackling sometimes knotty alternative resolutions. There is no statutory obligation to provide reasons for granting permission. Yet, in defined situations, as the judgement explains, principles of common law and public law fairness oblige the authority to supply reasons.

Existing caselaw—such as Dover DC v Campaign to Protect Rural England (Kent) [2018] 1 WLR 108—indicates those situations include grants made despite strong public opposition, contrary to the case officer’s recommendation, and/or at odds with local plan policies.

Here, the judge held that the duty to give reasons arose, rejecting the Council’s stance, owing to:

the sensitive location of the application site,
a departure from the officer’s carefully reasoned report,
the Area of Outstanding Natural Beauty (AONB) officer’s objection,
and her view that the decision conflicted with local plan policies...

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