Cases - R v Secretary of State, ex parte Kent

Record details

Name

R v Secretary of State, ex parte Kent

Date

[1990]; [1989]

Citation

JPL 124; EGCS 72

Keywords

Planning control

Summary

Vodafone appealed against the refusal of planning permission for the erection of a 30m phone mast. There were blocks of flats nearby and the Secretary of State advised the local authority to immediately notify local residents so that they could make representations. Some residents were notified but many, including the applicant, were not. He claimed a breach of the rules of natural justice.

The Court of Appeal held (following R v Secretary of State for the Environment, ex parte Ostler) that for reasons of certainty and finality, the time limit is absolute and cannot be circumvented by claiming the decision is a nullity.