Cases - R v Epping Forest District Council, ex parte Strandmill Ltd

Record details

Name

R v Epping Forest District Council, ex parte Strandmill Ltd

Date

[1989]; [1990]

Citation

3 PLR 94; JPL 415

Keywords

Planning control

Summary

The applicant sought judicial review of the decision of the local authority to issue a stop notice. One of the grounds was that there was evidence that the activity (Sunday markets) had been carried on for more than 12 months [under the previous rule - now 4 years] and the authority should have established the facts.

Mr Justice Nolan held that it would be unrealistic to suppose that local authorities conduct the equivalent of a trial upon it being known that the 12-month rule is being invoked.

'The stop notice is an emergency procedure. Provided that the [local authority] have in mind the drastic character of its effects and provided they approach it in accordance with Wednesbury principles ... their decision should be free from challenge. Subject to this proviso, the interests of the individual harmed by the notice must, under this admittedly hard law, give way to the interests of the community.'