No charge for planning consultations
Language: English Series: Estates Gazette Case Summaries ; (1991) EGCS 118 (23/11/91) (2)Publication details: 1991Subject(s): Summary: "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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | WB2746-28 (Browse shelf(Opens below)) | 1 | Available | 50439-1001 |
"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.