Skip to main content

What happens if a local council gives you planning permission by mistake?

This case is an interesting one on Bailii from Scotland. Basically the Local Authority COmmittee refused permission, but the letter written to the applicant said that permission had been granted.

It is a long judgment that is worth reading and is relevant to English Law to some extent not least as to legal principles. The LA issued a notice in error saying permission had been granted. Then years later after building works had happened they issued a backdated notice purporting to supersede the original notice refusing permission. The court concluded that the second notice was invalid.

I have for some time been interested the basis upon which estoppel can be used to stop misbehaviour by public officials. Often people are promised outcomes for a particular action, but then the LA does a reverse ferret.

Still, an interesting judgment to read.

Comments

Popular posts from this blog

Six months for recording a court hearing - Norman Scarth

The link is in Russian about the imprisonment of Norman Scarth who is actually 85. He has a complex history including a court hearing which found that he used a chainsaw to fight off bailiffs when he was 75. [a court judgment which is disputed see comments] However, that does not justify imprisoning him for 6 months for recording a court hearing (see the link and ask google to translate it if your Russian is not up to it). It has got into the Argyll News Because he has been held such that people cannot get to him to sign paperwork an application for a writ of Habeas Corpus was made today. This has been adjourned until next week. The English judicial system is really not good at responding to major abuses of human rights by the judicial system.