McKay v Sos for the Environment, Cornwall CC and Penwith DC
McKay v Sos for the Environment, Cornwall CC and Penwith DC
- 1994
- Journal of Planning and Environment Law 1994 JPL 806-816(11) .
QBD 12 March 1994. Enforcement notice - steps required for compliance - part of site Scheduled Ancient Monument - allegation that notice was a nullity - requirement to carry out works in breach of Ancient Monuments and Archaeological Areas Act 1979 s2 - criminal liability - non compliance with notice also minimal - was Inspector entitled to vary the notice - test for nullity in Miller - Mead applied - recipient of the the notice must be able to understand with reasonable certainty the steps which are required of him. Also the steps must in reality be capable of being carried out and if the recipient is required to do something unlawful he cannot reasonably be said to be able to carry out the requirements - the notice was a nullity.
ANCIENT MONUMENTS
ANCIENT MONUMENTS AND ARCHAEOLOGICAL AREAS ACT 1979
ENFORCEMENT NOTICE
TEST FOR NULLITY
QBD 12 March 1994. Enforcement notice - steps required for compliance - part of site Scheduled Ancient Monument - allegation that notice was a nullity - requirement to carry out works in breach of Ancient Monuments and Archaeological Areas Act 1979 s2 - criminal liability - non compliance with notice also minimal - was Inspector entitled to vary the notice - test for nullity in Miller - Mead applied - recipient of the the notice must be able to understand with reasonable certainty the steps which are required of him. Also the steps must in reality be capable of being carried out and if the recipient is required to do something unlawful he cannot reasonably be said to be able to carry out the requirements - the notice was a nullity.
ANCIENT MONUMENTS
ANCIENT MONUMENTS AND ARCHAEOLOGICAL AREAS ACT 1979
ENFORCEMENT NOTICE
TEST FOR NULLITY