No charge for planning consultations
No charge for planning consultations
- 1991
- Estates Gazette Case Summaries (1991) EGCS 118 (23/11/91) (2) .
"R v Richmond upon Thames LBC, ex parte McCarthy & Stone (Developments) Ltd" HL 14 November 1991. Developers were charged by the council for consultation before an application for planning permission was made. At issue was whether, under Local Government Act 1972 s111(1), this advisory activity was a function of the council, for which a charge could be lawfully made, or whether it merely facilitated a function of the council, namely determining planning permission, and for which no charge could be made without statutory authority. The council`s argument that a discretionary service was chargeable was dismissed. It was held that the council had no right to make a charge.
DEVELOPERS
FEES
LOCAL GOVERNMENT ACT S111(1)
PLANNING AUTHORITIES
PLANNING CONSULTATIONS
PRE-PLANNING APPLICATION INQUIRIES
"R v Richmond upon Thames LBC, ex parte McCarthy & Stone (Developments) Ltd" HL 14 November 1991. Developers were charged by the council for consultation before an application for planning permission was made. At issue was whether, under Local Government Act 1972 s111(1), this advisory activity was a function of the council, for which a charge could be lawfully made, or whether it merely facilitated a function of the council, namely determining planning permission, and for which no charge could be made without statutory authority. The council`s argument that a discretionary service was chargeable was dismissed. It was held that the council had no right to make a charge.
DEVELOPERS
FEES
LOCAL GOVERNMENT ACT S111(1)
PLANNING AUTHORITIES
PLANNING CONSULTATIONS
PRE-PLANNING APPLICATION INQUIRIES