An application that I have submitted on behalf of a client has not accepted as valid, on the basis that there is an ongoing dispute regarding the site area and therfore the required fee. I wish to challenge the Council's rather odd interpretation of the Fees Regulations! My question to the Forum is this, do I have a right to appeal the non-determination of an invalid application? I recall a (by now) very old judgement [R v Bath and North East Somerset District Council [1999] EWCA Civ 1493] in which Pill LJ said then that "I have however come to the conclusion that a right of appeal does arise even when the local planning authority have formed the opinion that the application is invalid. The applicant is entitled to have the opinion of the Secretary of State on the question of validity." Is this still applicable? Please bear in mind that the Council in question is Scottish, although the issue is universal ... how can a Council's validation requirements be challenged (other than by judicial review?).
