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Insights

The latest news and events at Maples Teesdale

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Slightly undignified: a fight to the death

Move over retail wars, this is crematorium wars, where one operator challenges the planning permission granted to a rival.  Competition is clearly stiff.

The case highlights the difficulties in bringing a planning judicial review.   Whilst you might disagree with the way that the Council has balanced the competing arguments for and against a site that is never going to be enough.  To make a challenge stick it is necessary to demonstrate a genuine legal error:  failing to take something into account; taking something into account that shouldn't have been; misunderstanding how a policy should be applied; procedural errors; wrongly applying the law.  

In this case the aggrieved operator was basically left arguing that they didn't like the arguments in the officer's report to Committee: this simply wasn't enough to kill off their rival's proposals.

Dignity Funerals fails in planning court bid to knock out rival crematorium

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Tags

planning, strategic land, john bosworth, judicial review