swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Local Government - From: 1960 To: 1969
This page lists 8 cases, and was prepared on 02 April 2018.
Buxton v Minister of Housing and Local Government [1961] 1 QB 278
1961
Salmon J
Planning, Local Government
The planning functions of a local authority are exercised in the public interest. Salmon J said: "The scheme of the Town and Country Planning Legislation, in my judgment, is to restrict development for the benefit of the public at large and not to confer new rights on any individual members of the public, whether they live close to or far from the proposed development."
1 Citers
Westminster City Council v Quereshi [1991] CLY 461
1961
Land, Local Government
1 Citers
Attorney-General v Crayford Urban District Council [1962] Ch 575; [1962] 2 All ER 147
1962
CA
Local Government
The local authority had entered into an arrangement with a company for the collective insurance of its tenants' household goods and certain personal effects and fixtures and fittings of the tenants or for which they were responsible, and invited the tenants to join the scheme. Many tenants joined the scheme and their premiums were collected weekly with the rent by an officer of the authority which forwarded them monthly to the insurance company. Most tenants did not insure their effects independently and such tenants, if they lost their effects, were likely to default in payment of their rent. The Attorney-General, at and by the relation of a trade union the members of which were employees of another insurance company, challenged the power of the local authority to establish and to administer the scheme. Held: The scheme was within the powers of the local authority. The activity challenged was within the express power of "general management, regulation and control of houses provided by" the authority.
1 Citers
Blake v Hendon Corporation [1962] 1 QB 283
1962
CA
Devlin LJ
Local Government
Devlin LJ said: 'For example, a man selling a part of his land might object to a refreshment pavilion on his boundary. Provided that the erection of a refreshment pavilion on that spot was not essential to the use of the land as a pleasure ground, the local authority could properly covenant not to erect one, notwithstanding that it had statutory power to do so. This illustrates the proper application of the principle in the Ayr case: see Stourcliffe Estates Co. Ltd. v Bournemouth Corporation [1910] 2 Ch. 12'
1 Cites
1 Citers
Simpsons Motor Sales (London) Ltd v Hendon Corporation (No 1) [1963] Ch 57; [1962] 3 WLR 666; [1962] 3 All ER 75; (1962) 126 JP 488; 60 LGR 393; 13 P&CR 372; [1962] RVR 583; (1962) 106 SJ 490
1962
CA
Land, Local Government
The use of land purchased under compulsory powers for a different purpose was ultra vires, but did not undermine the original notice to treat. There was no reason not to use a compendious description of the range of purposes for which land was to be acquired.
1 Citers
Monmouthshire County Council v Costelloe (1965) 63 LGR 429; [1965] 5 BLR 83
1965
CA
Lord Denning MR
Local Government, Construction
A question arose under a contract including the ICE conditions as to whether there had historically been claims by the contractor which the Engineer had already determined under clause 66. Held: There had been no such earlier dispute or difference which the Engineer had determined. Lord Denning MR: until there was a claim which had been rejected there could be no dispute or difference.
1 Citers
Mixnams Properties Ltd v Chertsey Urban District Council [1965] AC 735
1965
HL
Lord Upjohn, Viscount Dilhorne
Contract, Local Government, Licensing
The local authority was not entitled under the 1960 Act to lay down conditions relating to the licensee's powers of letting or licensing caravan spaces to its customers. The freedom to contract is a fundamental right, and that if Parliament intends to empower a third party to make conditions which regulate the terms of contracts to be made between others then, even where there is an appeal to a court of law against such conditions, it must do so in clear terms. Viscount Dilhorne: "In the present case there appears to me to be a fundamental difference between prescribing what must or must not be done on a site and restricting the site owner's ordinary freedom to contract with his licensees on matters which do not relate to the manner of use of the site. Conditions can make the site owner responsible for the proper use of the site and it is then for him to make such contracts with his licensees as the general law permits. I can find nothing in the Act of 1960 suggesting any intention to authorise local authorities to go beyond laying down conditions relating to the use of sites, and in my opinion the general words in section 5 cannot be read as entitling them to do so."
Caravan Sites and Control of Development Act 1960
1 Citers
Ormston v Horsham Rural District Council 1966 LGR 452
1966
Lord Denning
Local Government, Planning
Lord Denning said: "An Enforcement notice is not to be regarded with the strict eye of a conveyancer. An inaccuracy or mis-description does not make it a nullity . . so long as an Enforcement notice tells a man fairly what he has done wrong and what he is required to do to put it right, then the notice is good."
1 Citers