A newly published legal analysis raises constitutional questions about the use of undisclosed security-sensitive material in ministerial planning decisions made under section 77 of the Town and Country Planning Act 1990.
Section 77 allows the Secretary of State to “call in” planning applications for personal determination. Such decisions are typically made following a public inquiry, where evidence is presented and tested in an adversarial and transparent forum.
The analysis examines a specific doctrinal issue: whether the Secretary of State may lawfully rely upon security-related material that was not disclosed to participants in the inquiry process.
While national security considerations may be relevant in certain planning contexts, the article argues that reliance upon undisclosed material within a statutory inquiry framework raises serious questions of procedural fairness.
The common law duty of fairness, articulated in...
