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By Nicholas Dobson19 July 2021 Nicholas Dobson Skiing off-piste is dangerous. Reasons include instability of snow, hidden rocks and cliff edges and inaccessibility. Similarly, if local authority planning committee members go ‘off-piste’ in determining an issue against officer recommendations, without giving intelligible and adequate reasons for doing so, their decision risks a fatal crash in the High Court. So on 21 May 2021 Mrs Justice Tipples quashed planning consent given by Cornwall County Council for the development of a detached two-storey agricultural dwelling with garage and parking in the Rame Head area of outstanding natural beauty (AONB) against officer recommendations. This was because the council ‘was under a common law duty to give reasons for the grant of planning permission’ and it was ‘a case where the defects in reasons go to the heart of the justification for permission and undermine its validity.’ The case in question was R (Cross) v Cornwall Counc

United kingdomFrame headSouth lanarkshireR crossv cornwall councilBuckinghamshire district councilCornwall county councilKentv dover district councilHigh courtJustice tipplesCornwall councilRame peninsulaLord brownSouth buckinghamshire district councilLord carnwathLocal government model council planning codeDover district council