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: 23 October 2019
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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, residential property tribunals, the valuation tribunal for England,

Emily Knowles
Emily Knowles

Sharpe Pritchard

Emily is an associate solicitor in Sharpe Pritchard's planning and parliamentary team specialising in highways and town and country planning law. She has particular experience advising on and negotiating complex section 106 agreements and highways agreements for public and private sector clients securing essential infrastructure for estate regenerations, garden suburbs and scientific and agricultural developments. Emily advise clients on the pre-application process and negotiating heads of terms through to drafting the detail of the relevant agreement. She also has experience working in Sharpe Pritchard's Real Estate team and undertake title due diligence for major schemes. She has worked on a number of compulsory purchase orders for estate regenerations and highways schemes.

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Jurisdiction(s):
United Kingdom
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Key definition:
Policy definition
What does Policy mean?

The grounds of a house.

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