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When a planning application is refused, the law does not ask whether evidence might exist later, or whether issues could be resolved in future. The critical question is simpler and narrower:
At the point of decision, had the authority lawfully resolved and evidenced the matters it relied upon to refuse the application?
Where the answer is no, two closely related governance failures commonly arise:
They are distinct concepts, but in practice they often overlap.
This page explains the difference, why it matters, and how the issue is assessed under time pressure.
2 Comments
Kevin Martin
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ReplySarah Albert
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