An enforcement notice was challenged on the grounds of it having been made without the appropriate identification of the land at issue.
Judges:
Lord Woolf of Barnes, LCJ, May LJ, Dyson LJ
Citations:
[2005] EWCA Civ 774
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Finbow v Air Ministry 1963
The minister had mistakenly exercised a formal power to approve a licence to occupy land under a repealed section instead of its re-enacted successor. The claimant said that this was not an effective approval. The court also considered the . .
Appeal from – McKay, Regina (on the Application of) v the First Secretary of State Admn 18-Nov-2004
Validity of enforcement notice . .
Cited – London and Clydeside Estates v Aberdeen District Council HL 8-Nov-1979
Identifying ‘maandatory’ and ‘regulatory’
The appellants had sought a Certificate of Alternative Development. The certificate provided was defective in that it did not notify the appellants, as required, of their right to appeal. Their appeal out of time was refused.
Held: The House . .
Cited – Regina v Immigration Appeal Tribunal, ex Parte Jeyeanthan Admn 3-Apr-1998
An appeal by the Home Secretary against a ruling that he had to use the same prescribed form as would be used by the asylum seeker. The use of a letter which omitted a substantial and important declaration was invalid. Lord Woolf MR made plain the . .
Lists of cited by and citing cases may be incomplete.
Planning, Administrative
Updated: 10 July 2022; Ref: scu.228152
