This page (revision-16) was last changed on 26-Sep-2017 11:08 by Martin Newman

This page was created on 13-Sep-2012 17:15 by Alison Bennett

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Since the introduction of PPG16 there has been a substantial expansion in the volume of enquiries from developers and consultants and HER information has acquired a commercial value. Some HERs have considered charging for access to information. In England and Wales it has been established through the courts that it is illegal for local authorities to charge for accessing information for pre-planning-application discussions between council planning officers and developers (McCarthy and Stone vs. London Borough of Richmond, ACAO 1993). No directly similar case has been brought before the Scottish courts, although the McCarthy & Stone case has been used as supporting evidence in other successful cases against Scottish local authorities re the legality of charges for information - SPH (Scotland) Ltd v The City of Edinburgh Council 2003 CA13/03 and Stirrat Park Hogg v Dumbarton District Council 1996 SLT 1173.
Since the introduction of PPG16 there has been a substantial expansion in the volume of enquiries from developers and consultants and HER information has acquired a commercial value. Some HERs have considered charging for access to information. In England and Wales it has been established through the courts that it is illegal for local authorities to charge for accessing information for pre-planning-application discussions between council planning officers and developers (McCarthy and Stone vs. London Borough of Richmond, ACAO 1993). No directly similar case has been brought before the Scottish courts, although the McCarthy & Stone case has been used as supporting evidence in other successful cases against Scottish local authorities re the legality of charges for information - [SPH (Scotland) Ltd v The City of Edinburgh Council 2003 CA13/03|http://www.scotcourts.gov.uk/opinions/ca13_03.html] and Stirrat Park Hogg v Dumbarton District Council 1996 SLT 1173.
This page (revision-16) was last changed on 26-Sep-2017 11:08 by Martin NewmanTop