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The High Court considered that the combination of circumstances in this case clearly required that the local authority provide reasons for its decision. On 21 March 2019, the Claimant was granted permission to seek judicial review on a number of grounds including failure by the Local Authority to give reasons for the decision to grant planning permission and failure to determine whether or not, and the extent to which, the proposal complied with the development plan. A decision notice granting permission was sent out, but with no reasons provided. Even with a further recommendation from the planning officer refusing consent, the planning committee again resolved to approve the proposal. The planning application was brought before the planning committee for re-determination in December 2018. The Claimant challenged the decision and the local authority agreed to quash the decision by consent. The only reasons given for that decision were contained in the minutes of that meeting and were on the basis that the proposal represented sustainable development which would support existing services and that there would be benefits to the village because of the type and scale of housing proposed, particularly for those wishing to downsize. Despite the recommendations from the planning officer, in February 2018, the local authority's planning committee resolved to grant planning permission.
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When the application was brought again in August 2017, the planning officer once more recommended refusing consent on the same grounds. The local authority had refused a previous application for planning permission in April 2016, on the basis that the proposal was contrary to the local development plan's policies on appropriate development in the countryside. (on the application of Gare) v Babergh DC related to a decision by Babergh District Council to permit planning permission for 6 dwelling houses in the countryside around Bury St Edmunds in Suffolk. This approach has been demonstrated by the High Court in a recent decision to quash a local authority’s grant of planning permission due to a lack of understandable reason following judicial review. However, the Courts recognise many circumstances where procedural fairness requires that reasons should be provided. There is no general duty on planning authorities to provide reasons for planning decisions.