The council adopted schemes licensing on street trading. The applicants had established uses on streets where such activity was now prohibited. The council offered alternative trading sites on payment of annual fees. The applicants asserted the scheme was Wednesbury unreasonable, having not made allowance for existing uses permitted by law. The authority should have made discontinuance orders which would have allowed a claim for compensation.
Held: The applicants’ interests in the land was tenuous, and they had no rights in land which could be affected. The Act gave the authority a wide discretion in such schemes, and their choice was not disproportionate.
Goldring J
Gazette 15-Nov-2001, [2001] EWHC Admin 854
Bailii
Local Government (Miscellaneous Provisions) Act 1982 3
England and Wales
Local Government, Land
Updated: 30 November 2021; Ref: scu.167255
