The appellant appealed refusal of permission for change of use. He had a farm which also had permission for alteration to a dwelling. He wanted to open an equestrian centre. The planning committee originally granted the request, but one member later sought to reverse the decision, and achieved it. The applicant’s claim for misfeasance in public office by the defendant Council was struck out as disclosing no reasonable cause of action.
Held: The claimant had failed properly to plead his claim despite having several opportunities. He had not shown express or other malice
Judges:
Lord Justice Beldam Lord Justice Peter Gibson Lord Justice Schiemann
Citations:
[1997] EWCA Civ 2989
Jurisdiction:
England and Wales
Planning, Torts – Other, Local Government
Updated: 04 July 2022; Ref: scu.143388