Gloucestershire County Council, R (on the application of) v Keyway (Gloucester) Ltd. [2003] EWHC 3012 (Admin) (14 November 2003)

Gloucestershire County Council, R (on the application of) v Keyway (Gloucester) Ltd. [2003] EWHC 3012 (Admin) (14 November 2003)

It is sufficient for the Planning Authority to prove that a stop notice was left at the registered office or principal office of the company under section 233 of the Local Government Act 1972; it is not necessary to prove actual delivery to a director or secretary.

Citation
[2003] EWHC 3012 (Admin)
Parties
Claimant: Gloucestershire County Council; Defendant: Keyway (Gloucester) Limited
Jurisdiction
England and Wales
Judgment Date
14 November 2003
Procedural Posture
Prosecutor's Appeal by Way of Case Stated / Judgment on Preliminary Issue of Service of Stop Notice
Outcome
Appeal allowed; case remitted to Justices for continuation; respondent ordered to pay claimant's costs.
Legal Topics
Service of Legal Documents, Stop Notice Procedure, Enforcement Under Town and Country Planning Act, Corporate Service Requirements
Administrative Law Planning Law Criminal Law Service of Legal Documents Stop Notice Procedure Enforcement Under Town and Country Planning Act Corporate Service Requirements

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Parties

Gloucestershire County Council

Claimant

Keyway (Gloucester) Limited

Defendant

Procedural Posture

Prosecutor's Appeal by Way of Case Stated / Judgment on Preliminary Issue of Service of Stop Notice

Legal Issues

  1. 1 Whether leaving a stop notice at a company's registered or principal office constitutes effective service under section 233 of the Local Government Act 1972 and/or section 329 of the Town and Country Planning Act 1990
  2. 2 Whether it is necessary to prove actual delivery to a director or secretary of the company

Ratio Decidendi

It is sufficient for the Planning Authority to prove that a stop notice was left at the registered office or principal office of the company under section 233 of the Local Government Act 1972; it is not necessary to prove actual delivery to a director or secretary.

Court Disposition

Appeal allowed; case remitted to Justices for continuation; respondent ordered to pay claimant's costs.

Orders

  • Case remitted to Justices with answers to stated questions for continuation of hearing.
  • Respondent to pay claimant's costs, summarily assessed at £6,759.91.