Newbury DC v Secretary of State for the Environment Queen's Bench Division

Newbury DC v Secretary of State for the Environment Queen's Bench Division
01 July 1987

Where Reported
(1988) 55 P. & C.R. 100; [1988] J.P.L. 460; [1988] J.P.L. 185; (1988) 152 L.G. Rev. 170; Times, July 2, 1987

Summary: Enforcement notice; reconsideration of decision; other alterations
Abstract: Where after an appeal under the Town and Country Planning Act 1971 s.246 a matter is remitted to the Secretary of State for reconsideration, he may alter such parts of his decision as must be altered in the light of the views of the court as to the error of law made. R appealed against an enforcement notice served on him by the DC in respect of two land users. The Secretary of State allowed the appeal but in respect of one user the amended enforcement notice failed to make it clear that this was so. An appeal to the High Court under s.246 of the 1971 Act led to remission to the Secretary of State for reconsideration. R contended that the right to reconsider only arose in respect of the user which had given rise to the ambiguity.

Held, on a further appeal under s.246, that the Secretary of State on reconsidering a matter may come to the conclusion that other alterations have to be made to his decision in the light of the expression of the view of the court as to the error of law. He is not simply limited to correcting the error of law on the face of the document.
Judge: Kennedy, J.


All Cases Cited
Gill v Secretary of State for the Environment and North Warwickshire DC
[1985] J.P.L. 710
Key Cases Citing
Explained by
R. (on the application of Perrett) v Secretary of State for Communities and Local Government
[2009] EWCA Civ 1365; [2010] 2 All E.R. 578; [2010] C.P. Rep. 20; [2010] B.L.G.R. 336; [2010] 1 E.G. 71 (C.S.); [2010] N.P.C. 1; Official Transcript; CA (Civ Div)
All Cases Citing
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Explained by
R. (on the application of Perrett) v Secretary of State for Communities and Local Government
[2009] EWCA Civ 1365; [2010] 2 All E.R. 578; [2010] C.P. Rep. 20; [2010] B.L.G.R. 336; [2010] 1 E.G. 71 (C.S.); [2010] N.P.C. 1; Official Transcript; CA (Civ Div)
Mentioned by
R. (on the application of Perrett) v Secretary of State for Communities and Local Government
[2009] EWHC 234 (Admin); [2009] J.P.L. 1151; [2009] A.C.D. 53; Official Transcript; QBD (Admin)
Mentioned by
R. (on the application of Eid) v First Secretary of State
[2005] EWHC 3030 (Admin); Official Transcript; QBD (Admin)
Mentioned by
Exmouth Marina Ltd v First Secretary of State
[2004] EWHC 3166 (Admin); [2005] 3 P.L.R. 1; [2006] J.P.L. 204; Official Transcript; QBD (Admin)
Mentioned by
Kingswood DC v Secretary of State for the Environment
(1989) 57 P. & C.R. 153; [1988] J.P.L. 248; QBD
Legislation Cited
Caravan Sites and Control of Development Act 1960 (c.62)
Town and Country Planning Act 1971 Part XII
Town and Country Planning Act 1971 s.242(1)(e)
Town and Country Planning Act 1971 s.245
Town and Country Planning Act 1971 s.245(1)(b)
Town and Country Planning Act 1971 s.246
Town and Country Planning Act 1971 s.88
Town and Country Planning Act 1971 s.88(2)
Town and Country Planning Act 1971 s.88(2)(a)
Town and Country Planning Act 1971 s.88(2)(c)
Town and Country Planning Act 1971 s.88B
Town and Country Planning Act 1971 s.88B(b)
Town and Country Planning Act 1971 s.92

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