header-logo header-logo

23 March 2018 / Nicholas Dobson
Issue: 7786 / Categories: Features , Local government , Public
printer mail-detail

Discretion is not endorsement

Nicholas Dobson explains why public authority officials exercising discretion must do more than simply endorse recommendations

  • A planning decision made by a local authority chief executive was unlawful because: (i) it failed to have regard to material considerations and; (ii) requisite decision reasons were not provided.

Anyone taking a decision on behalf of a public authority needs to do so with care. For this is not simply a matter of personal whim or whether the decision feels okay. Those exercising statutory discretion must do so strictly within the ambit of that discretion, having regard only to material considerations and disregarding those which are irrelevant.

Which is where Maldon Council’s chief executive and her authority came unstuck. For she had made a decision to approve matters previously reserved in outline planning consent simply by endorsing the recommendation in the report before her for reasons not explained in that report and subject to conditions within the original committee report and subsequent update which she apparently did not have. The case in question was R (Pearl) v

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
back-to-top-scroll