The rule against the retrospective application of laws is a basic tenet of most legal systems.
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Mr Gerasimidis said the defendant made a retrospective application to be acknowledged as the primary carer for the children but that was turned down.
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The council says it will not decide what action to take until councillors have considered Mr Fidler's retrospective planning application.
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Powys council was criticised for moving the family there without planning consent, while the national park authority was criticised for taking eight months to deal with a retrospective planning application for the site.
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