Porritt v SoS for Environment and Bromley LBC
Porritt v SoS for Environment and Bromley LBC
- 1988
- Journal of Planning and Environment Law (1988) JPL 414-417(4) .
QBD 25 November 1987. Application against decision of inspector who rejected appeals lodged against three enforcement notices served requiring unauthorised buildings to be demolished and unauthorised uses to cease. One notice was served 27 days before it took effect instead of 28 days as required by the Town and Country Planning Act 1971 s87(5) . The appeals were lodged on the ground of failure to comply with a statutory provision. The inspector had rejected this ground of appeal on the grounds that it should be disregarded as it had caused no prejudice. The applicants applied to QBD, contending that the requirement as to time was mandatory and because it was not strictly observed, the notice should be remitted to the SoS with a view to its being quashed. At issue was whether the SoS was required to quash the notice. It was submitted on behalf of the SoS that the provision as to time was directory, not mandatory, and that the SoS, in determining an appeal made under s87(2) of the Act
QBD 25 November 1987. Application against decision of inspector who rejected appeals lodged against three enforcement notices served requiring unauthorised buildings to be demolished and unauthorised uses to cease. One notice was served 27 days before it took effect instead of 28 days as required by the Town and Country Planning Act 1971 s87(5) . The appeals were lodged on the ground of failure to comply with a statutory provision. The inspector had rejected this ground of appeal on the grounds that it should be disregarded as it had caused no prejudice. The applicants applied to QBD, contending that the requirement as to time was mandatory and because it was not strictly observed, the notice should be remitted to the SoS with a view to its being quashed. At issue was whether the SoS was required to quash the notice. It was submitted on behalf of the SoS that the provision as to time was directory, not mandatory, and that the SoS, in determining an appeal made under s87(2) of the Act