McCarthy & Stone (Developments) Ltd v Richmond-upon-Thames London Borough Council
McCarthy & Stone (Developments) Ltd v Richmond-upon-Thames London Borough Council
- 1991
- Weekly Law Reports (1991) 3 WLR 941-951(11) .
HL 14 November 1991. The applicant developers challenged a decision by the planning authority to levy a charge on developers for inquiries relating to speculative development or redevelopment proposals, on the ground that the authority (R) had no power to do so. On an application by M for judicial review of R`s decision not to revoke its policy to make such a charge, the judge held that R had the power to levy a charge in respect of pre-planning application meetings. He dismissed the application. CA dismissed an appeal. HL allowed an appeal by M, that no charge could be made for pre-application advice in the absence of statutory authority.
FEES
LOCAL GOVERNMENT ACT 1972 S111(1)
PLANNING AUTHORITIES
PRE-PLANNING APPLICATION INQUIRIES
HL 14 November 1991. The applicant developers challenged a decision by the planning authority to levy a charge on developers for inquiries relating to speculative development or redevelopment proposals, on the ground that the authority (R) had no power to do so. On an application by M for judicial review of R`s decision not to revoke its policy to make such a charge, the judge held that R had the power to levy a charge in respect of pre-planning application meetings. He dismissed the application. CA dismissed an appeal. HL allowed an appeal by M, that no charge could be made for pre-application advice in the absence of statutory authority.
FEES
LOCAL GOVERNMENT ACT 1972 S111(1)
PLANNING AUTHORITIES
PRE-PLANNING APPLICATION INQUIRIES