27 Apr 1987
VOLITAI LTD v. AUTHORITY
- Citation
- VOLITAI LTD v. AUTHORITY
- Court
- District Court
- Case number
- DCMP3/1987
The Authority erred in law by refusing chimney licence applications under s.9 because s.9 targets owners of existing chimneys that are causing or contributing to an existing or imminent air pollutant nuisance; applicants did not own operative chimneys and therefore could not be said to be causing or contributing to a nuisance, so s.9 could not lawfully ground the refusals; further, the Authority failed to give required reasons in form and unlawfully applied a blanket policy; appeals allowed and refusals reversed.