Wingrove v Stratford-on-Avon District Council

Town and country planning – Permission for development. The claimant sought judicial review of the defendant local planning authority's decision to decline to determine her retrospective planning application, in the exercise of its discretion under s 70C of the Town and Country Planning Act 1990. The Planning Court, considering the ambit of s 70C of the Act for the first time, held that the authority had been entitled to infer that the claimant's motive in seeking retrospective planning permission had been to delay enforcement action and had not exercised its discretion in a manner challengeable on public law grounds.

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