[2023] UKUT 271 (LC)

The hearing of the appeal took place on 12^th October 2023. At the conclusion of the appeal hearing I reserved my decision. Subsequent to the appeal hearing some further legal materials came to my attention. These further legal materials were potentially relevant to the issues in the appeal concerning Paragraph 9. The further legal materials comprised three further decisions of the FTT and a short article prepared by Susan Bright, Professor of Land Law and McGregor Fellow at Oxford University. I invited the parties, meaning both the Appellant and the Respondents who have participated in the appeal, to make any submissions they wished to make in relation to these further legal materials, by way of brief written submissions. I received in response written submissions from some of the Respondents, and written submissions prepared by Mr Allison. One consequence of this was that, although the Respondents did not attend the appeal hearing, I had the benefit of written submissions from some of the Respondents, additional to the documents (referred to in my previous paragraph) filed earlier in the appeal process by the Respondents. I have therefore also been able to take these written submissions into account in formulating this decision.