Mulvenna v Secretary of State for Communities and Local Government (Equality and Human Rights Commission intervening)

Town and country planning – Appeal to Minister against refusal of permission for development. The Planning Court held that the defendant Secretary of State did not have power to review or revoke his decision on an appeal under s 78 of the Town and Country Planning Act 1990 or a prior recovery direction, notwithstanding that the recovery direction was unlawful. Further, his decisions against the claimants had not been a nullity and the second claimant's reasons challenge to the Secretary of State's decision failed.

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