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REVOCATION OF CERTIFICATE

July 31st, 2024 by James Goudie KC

R ( MEHTA ) v KENSINGTON & CHELSEA ( 2024 ) EWHC1986 ( Admin ) concerned the Council’s decision to revoke a Certificate of Lawful Proposed Use or Development on the basis that materially false information had been given in support of the application for the Certificate. The Court observed, at para 35, that a local authority’s decision to revoke a Certificate comprises 3 elements : ( 1 ) there must be a finding that false statements were made, or information withheld; ( 2 ) there needs to be a finding that any false statements or withheld information were material; and ( 3 ) if positive findings are made in each of those, then it is for the authority to decide whether to exercise its discretion to revoke the Certificate.

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