Planning update: A legitimate expectation to what, exactly?

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

Cases Referenced

  • AG of Hong Kong v Ng Yuen Shiu [1983] UKPC 7
  • City of Westminster & anor v Secretary of State for Communities and Local Government [2014] EWHC 708 (Admin)
  • Dover District Council v CPRE Kent [2017] UKSC 79
  • Lever (Finance) Ltd v City of Westminster [1970] EWCA Civ 3
  • Lumba v Secretary of State for the Home Department [2011] UKSC 12
  • R (on the application of Save Britain’s Heritage) v Secretary of State for Communities and Local Government [2017] EWHC 3059 (Admin); [2018] EWCA Civ 2137
  • R v East Sussex County Council ex parte Reprotech (Pebsham) Ltd [2002] UKHL 8
  • Salih & anor v Secretary of State for the Home Department [2003] EWHC 2273 (Admin)
  • Saunders v Secretary of State for Communities and Local Government [2011] EWHC 3756 (Admin)
  • South Bucks District Council & anor v Porter (No 2) [2004] UKHL 33
  • United Policyholders Group & ors v AG of Trinidad and Tobago [2016] UKPC 17
  • Wells v Minister of Housing and Local Government [1967] 1 WLR 1000