The Court of Appeal (Lewison, David Richards & Arnold LJJ) heard argument yesterday in an appeal against the judgment of Sir Wyn Williams in Finney v Welsh Ministers  JPL 402. The appeal, which will be of particular interest to practitioners, will determine whether s.73 of the Town and Country Planning Act 1990 can be used to obtain a varied planning permission when the change sought would require a variation to the terms of the “operative” part of the permission. Judgment was reserved.
Ben Fullbrook acted for the Appellant, instructed by Leigh Day
Richard Turney acted for the First Respondent, instructed by the Government Legal Department