Cases - Nelsovil v Minister of Housing and Local Government

Record details

Name

Nelsovil v Minister of Housing and Local Government

Date

[1962]

Citation

1 AII ER 423

Keywords

Planning control

Summary

An enforcement notice was served in respect of use of premises as a club. The appellant claimed that he had established use rights. The Minister was not satisfied on the evidence that there were such use rights. The appellant contended that the onus is on the local planning authority to establish the facts upon which an enforcement notice is based, and that there was no evidence upon which the Minister could decide that the appeal premises had no established use rights as a club.

The Divisional Court rejected this. A person given a right to appeal on certain specified grounds is the person who has to make good those grounds and is the person on whom that onus rests.