What are the FTT’s powers in conducting a review of its own decision? ((Waltham Forest LBC v Marble Properties (London) Ltd))

Local Government analysis: In this appeal the deputy president was asked to determine the circumstances in which the First-Tier Tribunal (FTT) may conduct a review of its own decision upon receipt of an application for permission to appeal, and the question whether the FTT may consider a challenge to policy in the context of an appeal against a penalty imposed in reliance on that policy. He held that a review may only be conducted insofar as the issue arises out of a point advanced by a party seeking permission to appeal, and, while not addressing the point head-on, that the FTT is not the appropriate forum in which to challenge policy. Written by Riccardo Calzavara, barrister at Cornerstone Barristers.

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