Jurisdiction(s):
United Kingdom

Planning appeals: inspectors must explain inconsistency and justify departures from earlier decisions on out-of-date local policies—Gladman v Secretary of State [2019] EWHC 127 (Admin) (England and Wales)

Published on: 31 January 2019

Published by a LexisNexis Planning expert

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Article summary

Gladman Development Ltd v Secretary of State of Housing, Communities and Local Government and another [2019] EWHC 127 (Admin)

What are the practical implications of this case?

The ruling introduces no novel principles, but it usefully reinforces the obligation on decision-makers to ensure consistency with prior determinations and to set out clear, adequate reasons for their conclusions. Plainly, whether a local policy is considered out of date, and the weight it attracts, will differ from case to case; however, the essential point is that where a previous appeal decision is directly pertinent or turns on the same policy interpretation, the decision-maker should explain any inconsistency with that earlier outcome and justify any departure from conclusions that diverge from their own. Although coherence between appeal decisions on the same subject matter or policy is clearly important, this does not require identical outcomes in all similar cases; nonetheless, the earlier decision remains a material consideration. As Mann LJ observed in North Wiltshire, a practical check for the inspector is to ask himself whether, if he determines this case in a particular...

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