Friday, 15 September 2017

On planning appeals (and lawyers)

Andrew Lainton reports on the Appeal Court (Mansall v Tonbridge and Malling):
Appeals should not, in future, be mounted on the basis of a legalistic analysis of the different formulations adopted in a planning officer’s report. An appeal will only succeed, as Lindblom L.J. has said, if there is some distinct and material defect in the report. Such reports are not, and should not be, written for lawyers, but for Councillors who are well-versed in local affairs and local factors.
Andrew thinks planning lawyers will have nothing left to do! An excellent outcome (although I doubt it is true).


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