Committee decision: departing from officer’s recommendation: reasons

Common law duty to give reasons where members were departing from officer’s report

Dover DC v Campaign to Protect Rural England (Kent) [2017] UKSC 79, [2018] 1 W.L.R. 108

R. (on the application of Marshall) v East Dorset DC 2018] EWHC 238 (Admin)

R (on the application of Steer) v Shepway DC [2018] EWHC 238 (Admin) – decided that the committee failed to give sufficient reasons for departing from the officer’s report and was unable to rely on the officer’s report since they had rejected it.  It was impossible, because of this, to tell whether the grounds for JR were made out.

 

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