Cases - Howard v Secretary of State for the Environment

Record details

Name

Howard v Secretary of State for the Environment

Date

[1975]

Citation

QB 235

Legislation

• Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002
• Town and Country Planning (Enforcement Notices and Appeals) (Wales) Regulations 2003

Keywords

Planning control - Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002 - Town and Country Planning (Enforcement Notices and Appeals) (Wales) Regulations 2003

Summary

The appellant's original notice of appeal did not state the grounds relied upon and so a subsequent letter was drafted setting out the grounds. This letter was drafted two days before the expiry of the enforcement notice but, by mischance, was not posted for another four days and so arrived after the expiry date.

The Court of Appeal held that it was imperative to comply with the time limit, otherwise the machinery of enforcement would not work.

(The current provisions require that a written statement of the grounds, including a brief statement of the facts, must be set out in the notice of appeal or provided within 14 days from the date on which the Secretary of State sends a notice requiring such a statement. See section 174(4) of the Act and SI 2002/2682 (England) and SI 2003/394 (Wales).)