Judicial Review Article 22 of the Town and Country Planning (General Development Procedure Order) 1995

The scheme, to which the JR was sought, was the demolition of existing residential properties and the erection of 6 blocks of flats, totalling 32 residential units.  The JR was brought on several grounds.  The critical ground alleged was the Council had failed to fulfil its obligation under Article 22(1)(b)(i), in that the planning permission notice did not include a summary of the reasons for granting planning permission.

The informative note which the LPA imposed stating the summary of reasons for approval of the scheme were brief, although linked to adopted planning policies.  Up until the JR, these were the standard phases imposed on all approval decision notices issued by this LPA.

Having considered the evidence and case law put by the defendant and the Claimants, Mr Justice Sales concluded that the notice did not properly comply with Article 22(1)(b)(i), in that it failed to include a summary of the reasons for granting the permission.  According to paragraph 18, Mr Justice Sales was of the opinion that "simply stating that "The proposed development has been tested against the following policies of the Development Plan and, in the opinion of the Local Planning Authority, is not in conflict with [identified policies]" is insufficient compliance with the requirements of Article 22(1)(b)(i).  That statement does not identity on the face of the notice a summary of the positive reasons why the defendant decided to grant planning permission".

In response to the JR, the LPA has changed its internal procedures to ensure that (i) positive reasoning for granting permission supports all decisions; and (ii) where necessary greater justification for permitting a scheme is given in light of adopted planning policies.

The JR was dismissed on all other grounds, notwithstanding the conclusions that the summary reasons were inadequate, the Court used its discretion in dismissing the JR on the grounds that the failure of the Council to issue positive reasons for granting planning permission were of very limited scope and significance in the context of the case.

The original and changed format reasons can be viewed  by clicking here

Should you require any further information contact Darryl Howells at d.howells@poole.gov.uk who has an in depth knowledge of the case.