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Under the title CLEUD-up in planning, Estates Gazette 9 September 2000, p162, Martin Edwards and John Martin review the significant advantages of applying for a CLEUD rather than seeking the grant of an express planning permission.
While reminding us of the clarification achieved by section 191 of the Town and Country Planning Act 1990, the authors take a hard look at R v Epping Forest District Council, ex parte Philcox [2000] PLSCS 90 and R v Surrey County Council, ex parte Bridge Court Holdings Ltd [2000] PLSCS 31, these being respectively concerned with what is meant by “lawful”, and the procedures to be followed before a planning authority can revoke a CLEUD for alleged defects in the application.
Epping Forest has since been affirmed by the Court of Appeal: see [2000] PLSCS 286.
Related item: PP 2002/49

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