REASONS

November 7th, 2025 by James Goudie KC

STOP PORTLAND WASTE INCINERATOR v SoS for HCLG, POWERFUL PORTLAND LTD & DORSET COUNCIL (2025) EWHC 777 ( Admin ) is concerned with a decision on a Planning Appeal in relation to part of a Policy in a Development Plan and an Application, to Dorset Council, as Waste Planning Authority, for a detailed planning permission for a energy recovery facility. The challenge was a reasons challenge. At para 27 Holgate LJ highlighted some points of particular relevance :-

  1. To be legally adequate, the reasons for a decision need only provide conclusions on the principal important controversial issues, and NOT on every material consideration or matter raised;
  2. Reasons (a) must not give rise to a substantial doubt as to whether the decision-maker erred in law and (b) should enable unsuccessful opponents of the development proposed to understand how the policy or approval underlying the decision may impact upon future such applications;
  3. Decision Letters should be read in a straightforward manner, recognizing that they are addressed to parties well aware of the issues involved and the arguments advanced;
  4. A reasons challenge will succeed ONLY if the party aggrieved can satisfy the Court that it has genuinely beed SUBSTANTIALLY PREJUDICED by the failure to produce an adequately reasoned decision

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