ABSTRACT

It may be thought that a local planning authority, as an element in the democratic processes of local government, has a fair degree of discretion in deciding a planning application. However, not only are there a number of statutory directions and procedures to be followed, and other authorities and bodies to be consulted, there are also a considerable number of legal decisions which have circumscribed the limits of discretion available to the authority. A local authority is of statutory creation exercising statutory powers and duties: it is subject to judicial control and some degree of Ministerial supervision.