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...grounds. Ground 233. The judge, citing Miller-Mead v Minister of Housing and Local Government [1963]2QB 196, said that...passage from the judgment of Upjohn LJ at page 226 of Miller-Mead is set out in paragraph 26 of the judgment. In that passage Upjohn LJ drew a distinction between invalidity and nullity. A purported notice...the decision in Miller-Mead had never been doubted, and that Upjohn LJ's analysis of the distinction between a notice which is a nullity and one which is invalid or defective but capable of correction...
...Upjohn LJ in Miller-Mead v Minister of Housing & Local Government [1963] QB 196, at 226, which have achieved general acceptance as a statement of the...nullity24. It is not suggested in the present case that Miller-Mead is no longer operative. The court became aware that, on the day following the hearing of the appeal, another...which are merely invalid. Sullivan LJ referred to the differences between the statutory framework in force at the time of Miller-Mead and that in force, including section 174, in the 1990 Act and...
...] 2 QB 41 ("Burgess") and the well-known authority of Miller-Mead v Minister of Housing and Local Government [1963] 2 QB 196 ("Miller-Mead"). 68...."Denning J and Rothborough J agreed. 69. In Miller-Mead, the court had to consider what would be the effect of non-compliance with the statutory requirements in what is now...."70. It was this passage in Miller-Mead which Harrison J applied in Lynes. See paragraph 48 of his judgment above. 71. Mr Hockman QC, whose submissions...
...she found that the enforcement notice was not a nullity and it contained an error which was capable of being remedied or quashed on appeal (para.20) as happened in Miller-Mead v...of Lord Denning MR in the famous case of Miller-Mead at page 221 in particular. Discussion and conclusions 16. I did not require Ms Megan Thomas to develop her case...this domain remains the Miller-Mead case, a decision of a strong Court of Appeal (Lord Denning MR, Upjohn and Diplock LJJ, as they then were). 19. Some care is required properly to...
...appeal. Keene J., who gave the judgment of the court, referred to the well-known distinction which Upjohn L.J. had made in Miller-Mead v. Minister of Housing and Local Government...control had taken place) was invalid but not a complete nullity. Miller-Mead v. Minister of Housing and Local Government concerned the power of the Secretary of State to...
...] 2 QB 41 ("Burgess") and the well-known authority of Miller-Mead v Minister of Housing and Local Government [1963] 2 QB 196 ("Miller-Mead"). 68...."Denning J and Rothborough J agreed. 69. In Miller-Mead, the court had to consider what would be the effect of non-compliance with the statutory requirements in what is now...."70. It was this passage in Miller-Mead which Harrison J applied in Lynes. See paragraph 48 of his judgment above. 71. Mr Hockman QC, whose submissions...
..., Miller-Mead v Minister of Housing and Local Government [1963] 2 QB 196. That involved an enforcement notice regarding planning permission given for caravan sites. In the...in Miller-Mead, that the notice had to inform a recipient fairly what he had done wrong and what he had to do to remedy it. 18. It was impossible, in Mr Thukral's submission, for the...principle laid down by Upjohn LJ in Miller-Mead. Paragraphs 3 and 4 set out the context. The notice was issued in respect of an identified breach of listed building control, namely the partial...
...Appeal in Miller-Mead v Ministry of Housing and Local Government [1963] 2 QB 196 at 224, per Upjohn LJ: "It was at one stage submitted by...permission for the Appeal A Scheme and the reasons on the Notice is prohibited by the decision in Miller-Mead (see para 30 above). The Inspector referred to that decision and pointed out that there is...no reference in the Notice to any comparative analysis or any previous permissions. He looked, as Miller-Mead requires, within the four corners of the Notice and considered "it is not defective on its...
...in Miller-Mead and endorsed by the Court of Appeal recently in Slough Borough Council v Secretary of State for the Environment . Moreover...
...the Environment (1995) JPL 1128, and Miller-Mead v Minister of Housing and Local Government [1963] 2 QB 196. (2...applications because they had been expressly incorporated into the terms of the permissions granted. In doing so the court distinguished Miller-Mead v Local Minister of Housing and Local...per Lord Denning MR at page 215, and per Upjohn~LJ at page 224. However, it is important to bear in mind that the planning permission in issue in Miller-Mead was a permission "for the parking of...
...Miller Mead v Minister of Housing and Local Government [1963] QB 196 at 224: "..I protest in strong terms against looking at any document...reasoning in Miller-Mead supported the proposition that there was greater flexibility and less need for precision in the narrative preamble to an enforcement notice (here section three). What was...judgments in Miller-Mead. Both Lord Denning and Lord Upjohn pointed out that an overbroad enforcement notice is not a nullity if amendments can be made to the enforcement notice to reflect the facts found...
...exception is Miller-Mead v Minister of Housing and Local Government [1963] 2 QB 196, but in fact that was a change of use case, not one concerned at all...
...considered. In Forager the stop notice failed to specify any steps at all. The Upper Tribunal addressed the judgment of the Court of Appeal in Miller-Mead v Minister of Housing and Local... 233). Moreover, in Miller-Mead, the fact that the Secretary of State had the power to vary a planning enforcement notice did not save the notice from being a nullity and so the Upper Tribunal had...been wrong to distinguish Miller-Mead on that basis. He submitted the reasoning at paragraph 31 of Forager was inconsistent with that in Payne which decided that an enforcement...
...thinks appropriate for the purposes of restraining the breach .The Relevant Legal Principles (a) The requirement for clarity - Miller-Mead and invalidity...judgment of Upjohn LJ in Miller-Mead v Minister of Housing and Local Government [1963] 2 QB 196 at 226-7: Now, what happens if a notice does not...purported enforcement notice is not such a notice at all ("waste paper" la Miller-Mead) once it is unappealed and unquashed, it is protected by s.285. No-one can say it is invalid "pro tanto" (Wicks...
..." (see Miller-Mead v Minister of Housing Local Government [1963] 2 QB 196, and later statutes and authorities reviewed by Roch J in R v Secretary of State for the Environment ex parte...
...Lord Justice Evans draws attention to the judgment of Mr Justice Upjohn in Miller Mead v Minister of Housing and Local Government 1963 2QB 196 where he says...
...respect the decision in Tidswell reflected the fact that Miller-Mead v Minister of Housing and Local Government [1963] 2 QB 196 had reversed...
...McNall assisted his argument and in my judgment they were, if anything, against him. 46. I begin with Miller-Mead v The Minister of Housing and Local...Miller-Mead v. Ministry of Housing and Local Government [1963] 2 QB 196. The Act of 1960 was passed especially to do away with these...
...Upjohn LJ in Miller-Mead v Minister of Housing and Local Government [1963] 2 QB 196 at 224. The person who is served with an enforcement notice is entitled to...look only to the precise words of the notice to interpret what is required. In the Miller-Mead case, Upjohn LJ stated that an enforcement notice "is a most important document and the subject, who is...
...Miller-Mead v Minister of Housing and Local Government [1963] 2 QB 196 at 224. The person who is served with an enforcement notice is entitled to look only...to the precise words of the notice to interpret what is required. In the Miller-Mead case, Upjohn LJ stated that an enforcement notice "is a most important document and the subject, who is being told...