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

27 Jan 2025

Local Government

Riccardo Calzavara’s latest article is featured in LexisNexis https://www.lexisnexis.co.uk/legal/news/what-are-the-ftts-powers-in-conducting-a-review-of-its-own-decision-waltham-forest-lbc-v-marble  dated 22 January 2025.

The article is a 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.

Riccardo Calzavara specialises in public law and judicial review, housing and homelessness, and planning law.