R v SoS Environment , ex parte Davis
R v SoS Environment , ex parte Davis
- 1990
- Property and Compensation Reports (1990) 59 PCR 306-314(9) .
QBD 11 May 1989 Application by Davis (D) for an order of certiorari to quash a decision of the first respondent, the SoS, in which he found that D had no interest in land within the meaning of Town and Country Planning Act 1971 s88 in relation to which the second respondent, the council, had served an enforcement notice , as D was a trespass er and an order of mandamus requiring the SoS to hear the appeal. QBD held that the SoS was entitled to conclude on the material before him that D was a trespasser and not someone in adverse possession and so had neither an interest in land under s88 nor a right to appeal against the enforcement notice. This decision would only be open to judicial review if it were shown to be perverse.
CASE LAW
PLANNING APPEALS
QBD 11 May 1989 Application by Davis (D) for an order of certiorari to quash a decision of the first respondent, the SoS, in which he found that D had no interest in land within the meaning of Town and Country Planning Act 1971 s88 in relation to which the second respondent, the council, had served an enforcement notice , as D was a trespass er and an order of mandamus requiring the SoS to hear the appeal. QBD held that the SoS was entitled to conclude on the material before him that D was a trespasser and not someone in adverse possession and so had neither an interest in land under s88 nor a right to appeal against the enforcement notice. This decision would only be open to judicial review if it were shown to be perverse.
CASE LAW
PLANNING APPEALS