McCarthy & Stone (Developments) Ltd v Richmond upon Thames London BC [1991] 4 All ER 897 (HL)

Section 111 Local Government Act 1972 – charging – statutory functions

Section 111 Local Government Act 1972, which empowers local authorities to do any thing which is calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions, does not enable local authorities to impose a charge for so doing. The case concerned the giving of pre-application planning advice and Court said, “it is one thing to say that the giving of pre-application planning advice facilitates or is conducive or incidental to the council’s planning functions but it is quite another thing to say that for the council to charge for that advice also facilitates or is conducive or incidental to those functions“.

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