Reasons for decisions

Mrs Porter is a Gypsy. In 1985 she bought a plot of land in the council’s area and began to live in a mobile home on that plot, in breach of planning controls. She was repeatedly refused planning permission. The council took enforcement proceedings to stop her living on the land. She applied again for planning permission; the council again refused. She appealed against that refusal to the secretary of state.

An inspector was appointed who recommended permission be given subject to conditions. The secretary of state accepted that recommendation and the council unsuccessfully appealed to the High Court.

On a further appeal, the Court of Appeal said the inspector’s reasons had been insufficient and allowed the council’s appeal. Mrs Porter appealed to the House of Lords. The Lords allowed her appeal.

In doing so, they gave guidance on the correct way an official can discharge a duty to give reasons. They said the reasons for a decision must be intelligible and adequate. They must enable the reader to understand why the matter was decided as it was and what conclusions were reached on the “principal important controversial issues”, disclosing how any issue of law or fact was resolved.