Jurisdiction(s):
United Kingdom

DLA Delivery v Cumberlege: Secretary of State must consider later appeal decisions, justify departures, and satisfy strict Habitats Regulations test for outline planning permission (England and Wales)

Published on: 14 June 2018

Published by a LexisNexis Planning expert

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Article summary

DLA Delivery Ltd v Baroness Cumberlege of Newick and another [2018] EWCA Civ 1305

What are the practical implications of this case?

The judgment confirms that the Secretary of State must consider relevant rulings issued after an inquiry has closed, even where those rulings are neither relied upon in further submissions to him nor specifically flagged by the parties. Accordingly, appellants and respondents alike should monitor any analogous determinations handed down while their appeal is pending so they can calibrate expectations. The ruling further underlines that the Secretary of State cannot depend on the litigants to identify pertinent authorities; the responsibility rests with him to apprise himself of them. The Court of Appeal also reaffirmed that, if the Secretary of State proposes to adopt a different stance and reach a different outcome on like issues to earlier decisions at the appeal stage, he must give reasons, in the interests of consistency in appellate decision-making. Irrespective of subsequent representations or lack of notification, he must explain departures from decisions on comparable matters to maintain parity across appeals too. The demanding threshold in Regulation 68(3) of the Habitats Regulations (now contained in Regulation 70(3) of the Conservation of Habitats and Species Regulations...

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