Thursday, 27 February 2020

Section 73 - Going to Supreme Court?


I believe the Finney case, in which the Court of Appeal gave judgment in November, may be going on to the Supreme Court. I haven't seen this in black and white yet, so watch this space.

MHG

3 comments:

  1. Hopefully it'll also straighten out the slightly curious orthodoxy that has been established over the years that the quantum of operational development (e.g. the number of houses) can be fixed without a condition, but the quantum of units of a use (e.g. the number of caravans) needs a condition even if the number is stated in the description.

    Assume you have seen this recent planning appeal?

    https://latest.dcp-online.co.uk/2020/02/24/will-it-stand-or-will-it-fall/


    But it looks like they may have something more urgent on their desks...

    https://www.supremecourt.uk/news/permission-to-appeal-application-in-the-matter-of-al-m-children.html

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    Replies
    1. It was the appeal decision to which Richard refers that alerted me to the possibility that the Finney case may be on its way to the Supreme Court. The other case to which Richard refers is a family law dispute, which (although it clearly raises complex legal issues) is unlikely to delay other cases coming before the Supreme Court.

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  2. Just to flag up in relation to Finney, the Supreme Court has refused the Welsh Ministers’ application for permission to appeal the ruling that s.73 permissions cannot alter the description of development (19 May 2020). I've not seen or been able to find a copy of the decision, but it seems that Finney is now settled law.

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