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(Springhall) v London Borough of Richmond)

DATE: 24 Jan 2006

 

In upholding the decision of Richards J the Court of Appeal has limited the application of the decision of the Court of Appeal in R (Carlton Conway) v London Borough of Harrow and rejected the appellant's argument that there is a general principle that where there is any real issue about the meaning or application of a planning policy it is unlawful for a planning officer to exercise delegated powers of decision making.

 

 

The effect of the judgment is to make successful challenges to the exercise of delegated powers much less likely where the basis for the challenge is really a complaint about the way in which the delegated officer has interpreted a planning policy or exercised a planning judgment.

 

 

Daniel Kolinsky appeared for the London Borough of Richmond who succeeded both at first instance and in the Court of Appeal.