Cases - R (on the application of Tapp) v Thanet District Council
Record details
- Name
- R (on the application of Tapp) v Thanet District Council
- Date
- [2001]
- Citation
- EWCA Civ 559
- Legislation
- Keywords
- Planning control
- Summary
-
Certificates were obtained in respect of the proposed use of a RAF airfield for civilian use. Local residents challenged the certificates on the basis that the planning authority had failed to consider the question of whether intensification could amount to a material change and so should have sought a limitation on the description of the development in the certificates.
The Court of Appeal held that it was not open to a local authority to require the modification of a section 192 application. However, in appropriate cases it could tell the applicant that the application was too wide and a more limited one might meet with more success.