Decisions can only be delegated to officers by elected members, who must determine the terms on which a delegated agreement operates, including monitoring arrangements. Legislation requires that a list of powers exercisable by officers should be maintained and open to public inspection.
A planning decision made by a planning officer under delegated powers is deemed to be the decision of the local authority.
Third parties do not have a right of appeal in the way that applicants do because it is the responsibility of local planning authorities to act in the general public interest when determining planning applications. Local authorities must determine planning applications in accordance with the development plan for the area unless material considerations indicate otherwise, these can include views expressed by local residents and other parties. The applicant has a right of appeal against the refusal of a planning permission because this affects his/her property rights.
Third parties do have a right to challenge a planning decision by seeking a judicial review. However, a decision cannot be challenged merely because someone does not agree with the judgement of the local authority. Those challenging a decision have to be able to show that a serious mistake was made by the authority when reaching the decision or that the procedures were not carried out properly. If a mistake has been made the court has discretion not to quash the decision if it considers the interests of the person making the challenge have not been prejudiced.