This popular and widely read blog acts as a Legal Commentary on issues affecting Town & Country Planning including recent changes in planning legislation and judicial rulings in planning cases, as well as some thoughts on other issues arising in the course of my work as a Planning Lawyer. It was originally intended mainly for fellow planning professionals, but all are welcome to read it. The views expressed are my own and nobody else’s.
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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.
ReplyDeleteAssume 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
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.
DeleteJust 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.
ReplyDelete