18 Jun 2015
TOWN PLANNING BOARD v. TOWN PLANNING APPEAL BOARD
- Citation
- TOWN PLANNING BOARD v. TOWN PLANNING APPEAL BOARD
- Court
- Court of Appeal
- Case number
- CACV25/2014
A decision by the Board that plans or reports submitted pursuant to planning conditions under s.16(5) are or are not satisfactory is an incidental/ancillary determination and not a "decision of the Board under section 16" within the meaning of s.17(1); s.17 review is confined to the primary decisions disposing of an application under s.16 (grant, refuse, or grant with conditions); accordingly the Board had no power to review the compliance determination and the Appeal Board's contrary decision was vitiated by error of law.