|Source:||All England Reporter|
|Publisher Citation:|| 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.