Caborn principles

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The Cabourn principles are a list of instances when the relevant British Secretary of State, currently the Secretary of State for Housing, Communities and Local Government, may choose to use his power to call in a planning application for his determination, taking it out of the hands of a local planning authority. [1]

The Cabourn principles are named after Richard Caborn, a Planning Minister who first established them in reply to a parliamentary question in June 1999. [1]

There is no legal obligation on the Secretary of State to use his call-in powers, and the use of them is rare. [1]

Principles

As established in 1999, the possible criteria for a call-in were stated as being where a planning application

One further criterion for calling-in applications was added in October 2012:

In the High Court case of R. v. Secretary of State for the Environment, ex parte Newprop, Mr Justice Forbes found that there was no duty on the Secretary of State to give reasons for a refusal to exercise the discretion to call in an application and that such a decision could only be challenged if it was "wildly perverse". [2]

Notes

  1. 1 2 3 4 5 6 7 8 9 Calling-in planning applications (England), House of Commons Briefing Paper Number 00930, 31 January 2019, accessed 8 July 2021 Crowned Portcullis.svg Text was copied from this source, which is available under the Open Parliament Licence v3.0. © UK Parliament.
  2. R. v. Secretary of State for the Environment, ex parte Newprop [1983] J.P.L. 386

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