Planning Update June 2024
The decision made by planning inspector that an appeal was not properly made was quashed in Taytime Ltd v Secretary of State for Levelling Up, Housing and Communities & Ors.
Planning Partners, Chrisa Tsompani and Stephanie Hall explain:
Complexities aside, the decision reinforces the statutory position in s78(1) TCPA that only the applicant for planning permission may pursue an appeal. This situation may arise where a developer has gone into insolvency, or a site has been sold speculatively before planning is obtained, and the case is a useful reminder of the position to take in those circumstances.
An appeal was made by a company which subsequently went into liquidation before the conclusion of the inquiry. The appeal was dismissed on the basis that the appeal had not been properly made. The decision was challenged and a complex discussion of agency and liquidation followed.
Read the full case report here.
Chrisa Tsompani (Partner)
Chrisa Tsompani is a Planning Partner at Davitt Jones Bould. She is highly experienced in complex planning and environmental issues, having advised on planning and highway agreements, Biodiversity Net Gain, development control, enforcement, planning policy, s106 and s111 agreements as well as compulsory purchase orders to name a few.
Stephanie Hall (Partner)
Stephanie is a specialist Planning Solicitor. She has been ranked in the Legal 500 both in 2023 and 2024, with clients describing her as ‘’practical, commercially minded, approachable and clear in her advice’’. Whilst working at Manchester City Council, she was twice recognised as one of the top 10 local authority planning lawyers in Planning Magazine’s annual survey.
ABOUT DAVITT JONES BOULD:
Davitt Jones Bould is a national law firm that specialises entirely in real estate. The firm has offices in London, Manchester, and Birmingham ensuring truly national coverage.
The firm is renowned for its high quality legal work and service.
We only recruit experienced lawyers with excellent calibre. As a result, our legal team of around 70 lawyers have an average post-qualification experience that exceeds 25 years. Most have joined us from other City firms, in-house departments and/or senior roles. Our lawyers have advised some of the UK’s most significant land owners including Barclays Bank, HSBC, Credit Suisse, Rolls Royce, The Royal Parks, The Cabinet Office and The Crown Estate. This focus on quality only has led to a 50% male and female Partner rate.
All of our clients are provided with a dedicated client care professional at no extra charge, which ensures that they receive the highest standard of service at all times.
Davitt Jones Bould is regularly selected to advise on high profile projects such as the hosting of the London 2012 Olympic Games by The Royal Parks and the first Sukuk Bond to be entered into by a Western Government on behalf of HM Treasury. Based in London at The Shard and also Manchester, Birmingham and Taunton, we have a national presence.
The firm enjoys top tier rankings in all of the main directories, as well as receiving many awards.
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