The Planning Precedent Paradox

Guernsey's 'plan-led' planning system contains inherent tensions. Public belief in the concept of 'planning precedent' – the expectation that similar applications should be determined on a consistent basis- is often confounded by the fact that the 2005 Planning Law provides wide scope for decision makers to exercise discretion in individual cases.

Planning precedent in England

In England, claims of planning precedent are often the last act of a desperate applicant. The proverbial kitchen sink thrown at an unmoving planning authority in hope that if permission for a certain form of development has been granted once, then it must be granted in every similar case that follows.

What they are actually seeking to rely on is the 'principle of consistency'. Something that does have a meaningful status in English planning law.