13 Jun 2016
SKY ACE ENTERPRISES LTD v. APPEAL TRIBUNAL (BUILDINGS)
- Citation
- SKY ACE ENTERPRISES LTD v. APPEAL TRIBUNAL (BUILDINGS)
- Court
- Court of First Instance
- Case number
- HCAL157/2014
The Tribunal's factual findings that the Government and owners of Hollywood Court had not abandoned the right of way and that there were no special circumstances under s 42 justifying exemption were supported by evidence and not Wednesbury-irrational; collection of rates and long use as car park did not prove abandonment; on-ground unauthorised structures and practical access issues justified the Tribunal's refusal to treat the proposed EVA as a special circumstance rendering modification desirable; judicial review dismissed and court will not disturb such factual and evaluative conclusions a…