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ARTICLE · 13 DECEMBER 2018

A Legitimate Expectation To What, Exactly?

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The Court of Appeal has considered whether the Secretary of State is required to give reasons for deciding not to ‘call in' a planning application. and its implications

United KingdomReal Estate and Construction

The Court of Appeal has considered whether the Secretary of State is required to give reasons for deciding not to 'call in' a planning application. Ralph Kellas considers the court's findings and its implications

In R (on the application of Save Britain's Heritage) v Secretary of State for Communities and Local Government [2018], Save Britain's Heritage (Save) challenged the lawfulness of the Secretary of State's (SoS's) decision under s77 of the Town and Country Planning Act 1990 not to call in an application relating to the 'Paddington Cube' development. Save argued that the SoS should have given reasons for this decision because:

  • given policy statements by the SoS, Save had a legitimate expectation that reasons would be given; and

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