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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll