The issue in this application is the way in which the Secretary of State should approach an appeal made under Section 78 of the Town and Country Planning Act 1990 where the local planning authority is of the view there has been no valid planning application. Is he entitled to substitute his own view of what is necessary for the validity of the application for that which the local planning authority has reached, given the statute requires a valid application to contain ‘such particulars as the local planning authority think necessary’? Secondly, does he have to determine the validity first in a determination separate and distinct from that of other issues which might arise on the application if valid, or may he decide the validity at one and the same hearing as he considers the force of other matters?
Judges:
Mr Justice Langstaff
Citations:
[2009] EWHC 3469 (Admin)
Links:
Jurisdiction:
England and Wales
Planning
Updated: 23 October 2022; Ref: scu.425524
