L

Lord Banner (Con)

Speaking in the House of Lords on 17 July 2025

Debate

Planning and Infrastructure Bill

Contribution

My Lords, I shall say a few words in support of this amendment. I can see it reducing the risk of judicial review. Quite often, not just in the planning context but in other contexts, where there is no duty to give reasons for a decision that is judicially reviewable, judicial review is the only way of teasing out the reasoning, at least in the pre-action process. Quite often, when judicial review is then commenced, the disclosure generates release of the ministerial submission, or whatever the advice may have been, on which the decision was based. If there were a duty to publish the reasons for non-acceptance of an application, it would enable the aggrieved would-be applicant to understand and take advice on the reasons without litigating. I can see that additional advantage to this proposed amendment, alongside the advantages that my noble friend Lady Scott just outlined.

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