Source: All England Reporter
Publisher Citation: [2002] All ER (D) 118 (Jun)
Court: Administrative Court
Judge:

Forbes J

Representation The claimant appeared in person.
  John Litton (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 18 June 2002

Catchwords

Town and country planning - Lawful development certificate - Refusal - Whether issue of certificate engaging claimant's human rights - European Convention on Human Rights, arts 8, 14, art 1 of First Protocol.

The Case

Articles8 and 14 of the European Convention on Human Rights and art1 of the First Protocol thereto were not engaged by the dismissal of an appeal against the deemed refusal of a local planning authority to issue a lawful development certificate under s191(4) of the because a lawful development certificate was declaratory in nature, and neither created nor removed rights.

Practice Areas

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