A Government department has accepted an administrative mistake could leave planning decisions open to legal challenge.
Environment, Food and Agriculture Minister Clare Barber has admitted her department used an incorrect legal reference when delegating powers for planning appeals, an error she said was “hugely regrettable”.
The issue was raised in Keys by Kate Lord-Brennan, who asked which legislative provisions govern the department’s powers in relation to planning appeals.
Mrs Barber confirmed that a “technical and administrative issue regarding the drafting of the delegation” meant it referenced “Article 88” of the Town and Country Planning Development Procedure Order 2019, an article which does not exist.
“It’s acknowledged that the matter could be subject to legal challenge by a repetition of doliance,” Mrs Barber said. “The department has now taken steps to ensure that such an error does not occur again.”
Challenge
Ms Lord-Brennan challenged the validity of decisions made under the incorrect delegation, asking: “How can the minister honestly consider these decisions valid?”
Mrs Barber said she did not have the exact number of affected decisions but would circulate the information to members. She said the incorrect reference “would not have materially changed the outcome of those decisions”.
Julie Edge raised concerns about the cost to the public, asking why the department would not take forward a doliance claim itself.
“As I say, we are exploring whether there are options, but as at present, as I understand it, that is not a position that we believe is available,” Mrs Barber replied.
Ms Lord-Brennan later questioned why the minister had not checked the delegations when they were made in February.
Mrs Barber said: “I can’t change the past. I am obviously it’s hugely regrettable this position, but it is something that we’re working through.”