Jurisdiction(s):
United Kingdom

Planning decisions: Court of Appeal (England and Wales) limits consistency principle; committee may change mind pre-notification; deferral safeguards highlighted; ‘closed minds’ allegation fails (Blacker v Chelmsford City Council)

Published on: 25 January 2023

Published by a LexisNexis Planning expert

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Article summary

R (on the application of Edward Blacker) v Chelmsford City Council [2023] EWCA Civ 25

What are the practical implications of this case?

The judgment sets out no fresh propositions; instead, it reiterates settled points relevant to a local planning authority’s handling of a planning application:

An application decision only takes effect once it has been communicated to the applicant, not when the Planning Committee merely resolves to grant or refuse. Up to the point of formal notification, the Committee may alter its view at any stage, even where there has been no material change in circumstances.
An earlier grant or refusal for the same site can amount to a material consideration on a later application, underscoring the need for consistency in similar cases. That consistency principle is not engaged, however, where no substantive earlier decision existed—as here, where a majority vote at an initial committee meeting was later reversed at a subsequent meeting.
the purpose...

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