In R v Restormel Borough Council, ex parte Corbett [2001] EWCA Civ 330; [2001] EGCS 34 it was accepted that a successful application would leave the modification order with no permission to bite on, thus removing the basis for compensation. However, the application was refused on discretionary grounds, which interestingly got round the rule that a public authority cannot be estopped from exercising their statutory powers.
There are useful observations on the Bassetlaw procedure employed in order to enable the council to make (or rather procure the making of) nasty allegations against themselves.
Q A planning permission was granted two or three years ago. In what circumstances will the same planning authority be minded to seek the quashing of their decision for reasons of irregularity, or otherwise?
A To avoid paying compensation to the grantee under section 107 of the Town and Country Planning Act 1990, where the permission has been modified or revoked under sections 97 to 100.
In R v Restormel Borough Council, ex parte Corbett [2001] EWCA Civ 330; [2001] EGCS 34 it was accepted that a successful application would leave the modification order with no permission to bite on, thus removing the basis for compensation. However, the application was refused on discretionary grounds, which interestingly got round the rule that a public authority cannot be estopped from exercising their statutory powers.
There are useful observations on the Bassetlaw procedure employed in order to enable the council to make (or rather procure the making of) nasty allegations against themselves.
