Recorded post needed for prior notification rulings

Walsall Metropolitan and Dartford Borough Councils have lost a joint High Court bid to overturn inspectors' decisions to quash enforcement notices aimed at telecom masts.

In each case, the council had sent notices stating that prior approval was required for the masts' siting and appearance. The firms then appealed against enforcement notices requiring removal of the masts on the grounds that the notices had not been served within the 56-day time limit specified in the General Permitted Development Order 1995.

The councils said the notices had been posted and published on their websites within the time limit, but the inspectors accepted the operators' statements that they had not been received and quashed them.

The councils sought a ruling that the notices should be deemed to have been served on the day they were posted. Mr Justice Eder ruled that such a presumption did not stand up to the facts as established by the inspectors' findings that they had not been delivered to the applicants.

Walsall Metropolitan Borough Council v Secretary of State for Communities and Local Government

Ref: CO/1034/2012

Date: 10 May 2012

Dartford Borough Council v Secretary of State for Communities and Local Government

Ref: CO/2334/2012

Date: 10 May 2012


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