27 Apr 1987
PROFIT GAIN DYEING CO LTD v. AUTHORITY
- Citation
- PROFIT GAIN DYEING CO LTD v. AUTHORITY
- Court
- District Court
- Case number
- DCMP9/1987
The Board held that s.9 applies to owners of existing chimneys emitting pollutants and, without the three elements of existence or imminence of nuisance, notification and non-compliance under s.10, mere potential contribution by proposed, non-existent chimneys cannot justify refusal under Reg.8; the Authority erred in law by rejecting applications solely on s.9 and by adopting a blanket policy and failing to give proper reasons, so the appeals were allowed.