ABSTRACT

Local planning authorities possess wide discretionary powers to implement planning policies and make development plans; that discretion is also present in their development control powers and duties. Probably because planning and development control were regarded in 1948 as interferences to private interests in property rights, the planning Acts still contain many opportunities for the merits of the decisions of local planning authorities to be appealed to the Secretary of State. The right of appeal is granted to the applicant for planning permission or the landowner. The merits of development control decisions cannot be appealed by disappointed neighbours or pressure groups. There is an exception to this in relation to the making of development plans, any person may make representations or objections, and these may be considered at a subsequent examination in public of a structure plan, or now, the independent examination of development plan documents. There is also an exception where a decision of a local planning authority is being challenged because it is wrong in law, or the proper procedure has not been followed; a person with sufficient interest (a group of local residents: Covent Garden Community Association Ltd v Greater London Council [1981]) may make a claim for judicial review seeking a quashing order in the High Court in respect of a planning decision (see R v North Herts District Council, ex p Sullivan [1981] where wrong

and administrative supervision of local plan ning authori ties and the Secreta ry of State are consi dered in Chap ter 20.