Q&As

What is the precedent value of an Upper Tribunal decision on other courts? Would a decision of the Upper Tribunal (Lands Chamber) on the interpretation of the National Planning Policy Framework, National Planning Practice Guidance and the Town and Country Planning (Development Management Procedure) (England) Order 2015, SI 2015/595 be binding on courts other than the Upper Tribunal?

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Produced in partnership with Emily Knowles of Sharpe Pritchard
Published on LexisPSL on 23/10/2019

The following Planning Q&A produced in partnership with Emily Knowles of Sharpe Pritchard provides comprehensive and up to date legal information covering:

  • What is the precedent value of an Upper Tribunal decision on other courts? Would a decision of the Upper Tribunal (Lands Chamber) on the interpretation of the National Planning Policy Framework, National Planning Practice Guidance and the Town and Country Planning (Development Management Procedure) (England) Order 2015, SI 2015/595 be binding on courts other than the Upper Tribunal?

What is the precedent value of an Upper Tribunal decision on other courts? Would a decision of the Upper Tribunal (Lands Chamber) on the interpretation of the National Planning Policy Framework, National Planning Practice Guidance and the Town and Country Planning (Development Management Procedure) (England) Order 2015, SI 2015/595 be binding on courts other than the Upper Tribunal?

The Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) provided for the creation of a new system of tribunals. The former Lands Tribunal was abolished and replaced by the Upper Tribunal (Lands Chamber) (UTLC). It hears appeals on points of law from the First-Tier (Property Chamber) Tribunal (FTPC) and in certain circumstances, acts as a first-instance tribunal.

Under the First-Tier Tribunal and Upper Tribunal (Chambers) Order, SI 2010/2655, art 12, the UTLC’s functions include:

  1. compensation and other remedies for measures taken which affect the ownership, value, enjoyment or use of land or water, or of rights over or property in land or water

  2. appeals from decisions of leasehold valuation tribunals,

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