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Key Considerations for Local Authorities and Planning Practitioners in the R v Kensington and Chelsea RLBC Case

What points did the case of R (on the application of Lisle – Mainwaring) v Kensington and Chelsea RLBC [2024] EWHC 440 (Admin) raise for both Local Authorities and planning practitioners?

Planning specialist, Chrisa Tsompani, summarises them below:

  • Any oral advice given at the committee is supplementing to advice given in writing (i.e. in the officer’s report) and must be considered in conjunction with the written advice.

  • There is no obligation on a decision -maker to work through every consideration which might be regarded as potentially relevant to the decision (para 34). The decision-maker is not required to cast around for scenarios that have not been put before him.

  • The general principle, which applies to planning applications, that once a valid application has been made, a local authority has a continuing duty to determine it, also applies to application for approvals required under a planning condition (i.e. applications to discharge planning conditions).

  • If an application to discharge a planning condition is made in time before the expiry date of the planning permission but it is determined after that expiry day, the local authority’s duty to determine the application still applies.

Chrisa Tsompani is a planning partner at Davitt Jones Bould. She is highly experienced in complex planning and environmental issues, having advised on planning and highway agreements, Biodiversity Net Gain, development control, enforcement, planning policy, s106 and s111 agreements as well as compulsory purchase orders to name a few.   



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