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Court clarifies wide discretion of LPA in deciding whether it is expedient to make a TCPA 1990, s 102 order (Hemms v BNESC)

Published on: 19 October 2020
Published by: LexisPSL
  • Court clarifies wide discretion of LPA in deciding whether it is expedient to make a TCPA 1990, s 102 order (Hemms v BNESC)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Planning analysis: This case concerned a renewed application for permission to judicially review a decision by Bath and North East Somerset Council not to exercise its powers under section 102 of the Town and Country Planning Act 1990 (TCPA 1990). The application failed and permission was refused because the grounds were unarguable, but the decision clarifies that the discretion in deciding whether it is expedient in the interests of proper planning to make an order under TCPA 1990, s 102 was wide. Written by John Litton QC, barrister, at Landmark Chambers. or take a trial to read the full analysis.

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