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informing respondents
KEY ADVICE
- Once a consent is issued, a copy of the statement of reasons should be sent to all those who made representations on the application (para 19).
- If there has been a large number of representations made, authorities should consider placing a notice in the local newspaper indicating where a copy of the statement of reasons can be founs (para 20).
19. If public confidence in development plans is to be maintained, there has to be an obligation on authorities not only to inform respondents but also to give clear reasons for the decision to breach established policy. A suggested extract of the Statement of Reasons is at annex D. A number of authorities already follow good practice in informing respondents of the reasons why permission was refused or granted. Such practice should be applied generally.
20. The benefits from reduced post-decision correspondence on disputed decisions should off-set the costs of informing respondents of the reasons for approving applications. However, where a large number of representations or petitions have been lodged it will be more appropriate to place a copy of the decision (with reasons) in a local office, or library rather than have it sent to each individual. Its location should be referred to in an advertisement in a local newspaper.
21. The need for reasons to be given to third party respondents is not affected where an authority comes to a late view on whether or not an application is a departure. For example, as the decision stage is approached, the authority may conclude that an application that has been advertised as a potential departure does, in fact, constitute a departure. On the other hand, the authority may conclude, after a full assessment, that the application does not constitute a departure after all. In both cases the authority should nevertheless issue the decision notice, whether a consent or refusal, with reasons, to those who made representations at the consultative stage.
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