Rationality Challenges

November 21st, 2016

In a rationality challenge the intensity of review varies with the subject matter. As Sullivan J, as he then was, said in R (Newsmith Stainless Ltd) v SoS for the Environment (2001) EWHC 74 (Admin) an applicant alleging Wednesbury unreasonableness as regards decisions based on planning judgment “faces a particularly daunting task”.  In Goring-on-Thames Parish Council v South Oxfordshire District Council [2016] EWHC 2898 (Admin) Cranston J said, at paragraph 49:

“That was said of a decision by a planning inspector, but in my view there is no difference with the decisions of local planning authorities, when properly advised by their officers.”

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