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Tynwald July 12, 2005


Addie

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ultra vires: 'beyond strength'; beyond or exceeding the authority of a person, court, etc.

 

Q57. The Hon Member for Onchan (Mr Corkill) to ask HM Attorney General -

 

(1) Where conditions attached to planning approvals are considered to be

ultra vires what is the appropriate action to be taken by the Planning Division of the Department of Local Government and the

Environment;

 

(2) is it possible for conditions of planning approvals to be enforced over

and above Human Rights, Fair Trading and Data Protection legislation;

 

(3) how often do your Chambers advise the Planning Committee of the

extent of their powers under planning law and in particular the

necessity to attach conditions which are unambiguous, defineable and

enforceable in law; and

 

(4) do you agree that the Planning Committee is unable to attach

conditions of planning which fall outside of the above criteria?

 

Isn't a member of Mr. C's family appealing against an 'unfair' condition in relation to planning permision granted for a business?

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:unsure:

 

Does anyone understand  these things?

 

great spot; gonna be an interesting session. I'm ok with these things; looks pretty straightforward...someones tried to set up a company here which doesn't conform to the freedoms afforded to companies in law. Judging by the name of the company, maybe it was some sort of charitable/trust type thing...should have gone to panama!

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Ned is using Tynwald by asking the question he is for his own personal gain, every time another member has asked any questions regarding his holiday homes he has shouted subjudicy. Its my opinion that he is trying to get the court actions against them thrown out by creating a case of subjudicy, and he will be protected due to Tynwald priviliege. We have been told that we can not disclose any information over the court case in case it causes the courts to throw the cases out, yet Neds being allowed to do it.

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