Source: All England Reporter
Publisher Citation: [1998] All ER (D) 713
Court: Court of Appeal, Civil Division

Simon Brown, Otton and Schiemann LJJ

Representation Christopher Katkowsi (instructed by Leigh Day & Co) for the appellant.
  Alice Robinson (instructed by the Treasury Solicitor) for the respondent.
Judgment Dates: 11 December 1998


Planning - Application fee - Planning authority decided application for planning permission was incomplete, but did not refund application fee - Authority issued enforcement notice against applicant who appealed - Secretary of State refused to hear applicant's deemed application for planning permission because he had not paid requisite fee - Whether Secretary of State had jurisdiction to determine the validity of previous application - Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989, reg 10.

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