ABSTRACT

Chapter 2 made it clear that the Secretary of State was responsible for carrying out an administrative process in relation to planning and, although he determines appeals in a quasi-judicial capacity, judicial actions are the responsibility of the courts. The basis for the control of development by the Secretary of State and local planning authorities is contained in the definition which includes a series of words which have been the subject of challenge through the courts to establish their precise legal interpretation. For ease of reference, the definition of development (s 55(1)) is repeated below, highlighting the particular words, the meaning of which has required legal interpretation:

This chapter will highlight those cases which are important in understanding and operating the administrative functions undertaken by the Secretary of State and planning authorities.