Jurisdiction(s):
United Kingdom

Post-inquiry material considerations in planning appeals: Court of Appeal (England and Wales) clarifies 'so obviously material' irrationality 'game-changer' test (Keep Chiswell Green)

Published on: 17 September 2025

Published by a LexisNexis Planning expert

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Article summary

Keep Chiswell Green v Secretary of State for Housing, Communities and Local Government and others [2025] EWCA Civ 958

What are the practical implications of this case?

The Court of Appeal held that issues which emerge or are identified after the inquiry but before the decision is issued, and which are plainly material, must be considered by the decision maker. The criterion for deciding whether something is so obviously material is the public law standard of irrationality. Yet the question is not limited to whether a fresh point could realistically lead the decision maker to reach a different outcome. It requires an appraisal of, among other factors, the nature of the matter being determined, and the pertinence and weight of the new material to that determination. The mere possibility that the new point might prompt a different conclusion is inadequate. The new matter must be decisive — a genuine game-changer. The court illustrated irrationality with an example where an appeal is allowed and planning permission is granted for development on a site in a manner that conflicts with a recommendation about how the site should be addressed in a development plan...

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