Exceptional circumstances only justify evidence as to other public authority reasons

01 Jan 2018

Housing, Planning and Environment

Ultimately both the challenge to the High Court and the appeal to the Court of Appeal failed, but the Court emphasised that when a public authority gives reasons for its decision, in minutes or on the planning permission, only exceptionally will it be permitted to lead evidence to show that its real reasons were other than those it had put forward.

James Findlay QC acted for Cornwall Council.