Refusal of planning permission for Eighth Schedule development — Claim for compensation — Whether relevant application was “made” after January 23 1985 — Effect of the Town and Country Planning (Compensation) Act 1985 — Appeal by local planning authority on preliminary issue allowed
The respondent company, the owners of a block of flats known as Lyncroft Mansions, Lyncroft Gardens, London NW6, applied for planning permission for the construction of six flats in the roof space. The application was signed, dated and posted to the appellant local planning authority on January 22 1985; it was received by the appellants on January 25 1985.
The Lands Tribunal gave the word “made” its ordinary meaning and decided that the application was made on January 22 1985 and that a claim for compensation was not ineffective by reason of the Town and Country Planning (Compensation) Act 1985 because the application had been “made” on or after January 23 1985: see [1989] EGCS 134. The local planning authority appealed contending that a planning application is not made unless it is communicated to the local planning authority and thus lodged and received as envisaged by the Town and Country Planning General Development Order 1988.
Held The appeal was allowed.
The respondents’ contention that an application is a unilateral act and the giving of a notice a bilateral act so that an application is made on the day it is sent whereas a notice is given when received is untenable. A planning application is made when it is received.
North West Traffic Area Licensing Authority v Brady
[1981] RTR 265 distinguished.
Simon Pickles (instructed by Ashurst Morris Crisp, for the solicitor to Camden London Borough Council) appeared for the appellants; and Michael Barnes QC and John Male (instructed by Portner & Jaskel) appeared for the respondents.