Cases - Metallic Protectives Ltd v Secretary of State for the Environment

Record details

Name

Metallic Protectives Ltd v Secretary of State for the Environment

Date

[1976]

Citation

JPL 166

Keywords

Planning control

Summary

Planning permission had been granted subject to a condition that no nuisance should be caused by reason of the emission of noise, etc. An enforcement notice was served requiring the occupier to install 'satisfactory soundproofing' of a compressor. The Secretary of State accepted that the wording was too vague and modified it to include decibel measures and other specific steps.

The Divisional Court held that the notice was so vague that it did not comply with the statutory requirement to specify the steps required to remedy the breach. It did not indicate a point at which the occupiers could be certain they had complied with the notice. The notice was therefore a nullity incapable of amendment.