High Court and Court of Appeal Success for Action Group

Specialist planning lawyers from Walton & Co have successfully acted for a residential action group in defending a judicial review against a decision by Islington Council to revoke a lawful development certificate relating to the alleged use of an industrial building in London.

The certificate was revoked by the Council pursuant to section 193 of the Town and County Planning Act 1990 following it being revealed that the certificate application contained false information, and that material information had been withheld. Following consideration of further representations by the parties, the Court of Appeal has declined permission for this judgment to be reconsidered.

Alec Cropper and Kellie Hainsworth have provided strategic and substantive advice to the Action Group throughout the case, including preparing evidential statements and acting as instructing solicitors to leading counsels. The judgment has significant implications, not just for the lawful development certificate regime, but also for any clients or practitioners considering the potential expiry of statutory immunity periods for pursuing enforcement action.

Writing in The Planner, Alec discusses the facts of the case and provides further detail upon its potential impacts here.

A full copy of the High Court Judgment[1] can be viewed here.

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