Landmark Chambers


Supreme Court considers Council’s duty to give reasons in Dover v CPRE

DATE: 19 Oct 2017

On 16th October 2017, the Supreme Court heard the appeals of Dover District Council and China Gateway International Ltd against the judgment of the Court of Appeal in CPRE v Dover District Council [2016] EWCA Civ 936.

The Court of Appeal had reversed the judgment of Mitting J, and quashed the Council’s grant of outline permission for a scheme including 521 dwellings in the Kent Downs Area of Outstanding Natural Beauty. Laws LJ held that that the Council’s planning committee had not given adequate reasons for its view on how much harm the scheme would cause to the AONB, or on whether the scheme could be modified to mitigate that harm without rendering it unviable.

When granting permission to appeal, the Supreme Court indicated that it “will wish to consider the source, nature and extent of a local planning authority’s duty to give reasons for a grant of planning permission”.

For a summary of the issues in the case, and a link to a full video of the hearing, see here. 

Judgment was reserved.

Neil Cameron QC and Zack Simons act for Dover District Council.

Matthew Reed QC and Matthew Fraser act for China Gateway International Ltd.