tag:blogger.com,1999:blog-8170718846507476773.post3705715913701568954..comments2022-12-13T14:45:12.233+00:00Comments on Martin Goodall's Planning Law Blog: Validation dispute goes pear-shapedMartin H Goodallhttp://www.blogger.com/profile/07079479984296674469noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-8170718846507476773.post-20389487862696450522013-12-10T15:46:40.369+00:002013-12-10T15:46:40.369+00:00In answer to Michael Hyde, I am not familiar with ...In answer to Michael Hyde, I am not familiar with the Scottish legislation, and I do not know to what extent (if at all) the <i>Newcastle</i> judgment would apply so as to preclude appeals against non-determination in Scotland where there is a dispute as to the validation nor registration of the application. In England this turned on the amended wording of section 62 of the English 1990 Act.<br /><br />On further consideration of the point, it occurs to me that the <i>Newcastle</i> judgment ought not to preclude an appeal against non-determination in this case, even if it were in England, because this does not relate to the information requirements, which were the subject of the dispute in the <i>Newcastle</i> case, but rather the issue of whether or not the correct fee has been paid. The interpretation of the fees regulations must be a matter of objective judgment, and so it cannot be the local planning authority that is the sole arbiter of this. However, it would be advisable to check very carefully that the fees regulations can properly be construed in the manner for which you contend before you launch any appeal against non-determination.<br />Martin H Goodallhttps://www.blogger.com/profile/07079479984296674469noreply@blogger.comtag:blogger.com,1999:blog-8170718846507476773.post-60340810852547776152013-12-09T22:30:44.751+00:002013-12-09T22:30:44.751+00:00A bit late in the day (and my concern relates to S...A bit late in the day (and my concern relates to Scotland) but what would be the situation if the dispute related to the appropriate fee required for the application? Can a LPA simply interpret the Fees Regulations as it thinks is reasonable, without there being an ability for their ruling to be challenged via a non-determination appeal?Michael Hydehttps://www.blogger.com/profile/16600838449826127776noreply@blogger.com