John Hunter of Kings Chambers acts for Wakefield MDC in planning case
John Hunter of Kings Chambers has acted for Wakefield MDC in successfully resisting a challenge to decisions by the secretary of state and the Magistrates Court concerning the implementation of planning permission.
The High Court (Supperstone J) held that the permission was retrospective in effect even though the application had not been made under section 73A of the Town and Country Planning Act 1990.
Furthermore, it held that as it was retrospective, it had been automatically implemented and that the appellant company could not rely on the defence of having taken all reasonable steps to secure compliance with a breach of condition notice where it was within the power of its own director to comply with it.
News from Kings Chambers
Briefings from Kings Chambers
Collins J refuses permission for judicial review and rules that the legislation is badly drafted and contains a lacuna.
In the months since the landmark decision of the Supreme Court in Cheshire West, the courts have continued to put into effect Lady Hale’s ‘acid test’.
Analysis from The Lawyer
The effects of recent changes to civil litigation are only just beginning to be felt, but barristers in the regions have several reasons to be cheerful