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Highways

26 March 2010
Issue: 7410 / Categories: Case law , Law digest
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R (on the application of Maroudas) v Secretary of State for Environment Food and Rural Affairs [2010] EWCA Civ 280, [2010] All ER (D) 171 (Mar)

For purposes of the Natural Environment and Rural Communities Act 2006, s 67(3) an application had to strictly comply with para 1 of Sch 14 of the Wildlife and Countryside Act 1981. However, that did not mean that a valid application had to be contained in a single document. Minor departures from the requirements of para 1 did not invalidate an application. There were circumstances in which a valid application could be contained in the application form when read with another document.

For example, a valid application could be made where supplementary information was provided to make good an error or omission in the application, at any rate if the information was provided within a very short time of the submission of the application form. It was not necessary to define the limits of permissible departures from the strict requirements Sch 14, para 1.
 

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Birketts—trainee cohort

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