Gloucestershire County Council, R (on the application of) v Keyway (Gloucester) Ltd.

Gloucestershire County Council, R (on the application of) v Keyway (Gloucester) Ltd.

It is sufficient for the Planning Authority to prove that they have left a copy of the stop notice at the registered office or the principal office of the company under section 233 of the Local Government Act 1972; it is not necessary to prove that the document has actually been delivered into the hands of a director or secretary of the company.

Parties
Claimant: Gloucestershire County Council; Defendant: Keyway (Gloucester) Limited
Jurisdiction
England and Wales
Judgment Date
14 November 2003
Procedural Posture
Judicial Review (case Stated) / Appeal by Way of Case Stated From Magistrates' Court to High Court
Outcome
Appeal allowed; case remitted to Justices for further hearing; respondent to pay claimant's costs.
Legal Topics
Service of Documents, Stop Notice, Town and Country Planning Act, Local Government Act, Corporate Service Requirements
Administrative Law Criminal Law Planning Law Service of Documents Stop Notice Town and Country Planning Act Local Government Act Corporate Service Requirements

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Parties

Gloucestershire County Council

Claimant

Keyway (Gloucester) Limited

Defendant

Procedural Posture

Judicial Review (case Stated) / Appeal by Way of Case Stated From Magistrates' Court to High Court

Legal Issues

  1. 1 Whether leaving a stop notice at the registered or principal office of a company 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 of the notice to a director or secretary of the company

Ratio Decidendi

It is sufficient for the Planning Authority to prove that they have left a copy of the stop notice at the registered office or the principal office of the company under section 233 of the Local Government Act 1972; it is not necessary to prove that the document has actually been delivered into the hands of a director or secretary of the company.

Court Disposition

Appeal allowed; case remitted to Justices for further hearing; respondent to pay claimant's costs.

Orders

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