Local authority chief executive permitted to defend planning challenge without express council resolution

The Court of Appeal allowed an appeal brought by a local authority against a High Court order which had struck out the local authority’s defence to a judicial review challenge regarding its adoption of a development plan. The central issue was whether the chief executive of the local authority required express authorisation from the elected council to defend proceedings relating to a reserved function. The Court of Appeal found that the relevant authorisation was not a 'reserved function' and therefore such express authorisation did not need to be given by a specific resolution of the elected members in advance; rather, it is deemed to exist unless the council directs otherwise. Consequently, the lower court’s decision, which had favoured the applicant and struck out the local authority’s defence for lack of explicit council authorisation, was set aside. The judgment clarifies the interpretation of statutory provisions dividing executive and reserved functions in local government and ensures that legal proceedings challenging reserved functions may be defended by the chief executive without prior express council resolution unless actively withheld.