27 Apr 1987
SUNSFIELD TRADING LTD v. AUTHORITY
- Citation
- SUNSFIELD TRADING LTD v. AUTHORITY
- Court
- District Court
- Case number
- DCMP5/1987
The Appeal Board held the Authority erred in law by refusing chimney licence applications solely on the basis of Section 9 where the chimneys did not yet exist and therefore could not be causing or contributing to a nuisance; Section 9 is not self‑executing and requires the notification/failure sequence under Section 10 to create an enforceable contravention; the Authority also improperly fettered its discretion and failed to give mandated reasons under Regulation 8(2); accordingly the appeals are allowed and the refusals reversed.