This support gives Councils the flexibility to deal with peaks in demand and focus on issues critical to the service.

Amended guidance and recent case law [R (BBPA and Others) v Canterbury City Council] has meant that many Councils must review their policies.  The Canterbury case established that policy was best presented as relevant to the stages of the application. The Judge was also critical of the wording of the policy as he considered it may mislead an applicant into assuming a matter was mandatory, stating “the policy does seem to me to be over prescriptive in a number of places, suggesting the existence of requirements that cannot lawfully be imposed”.

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