QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
B e f o r e :
|THE QUEEN ON THE APPLICATION OF DALE CLARK||(APPELLANT)|
|BRACKNELL FOREST BOROUGH COUNCIL||(DEFENDANT)|
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(Official Shorthand Writers to the Court)
MR D FALKOWSKI (instructed by Bracknell Forest Borough Council) appeared on behalf of the DEFENDANT
Crown Copyright ©
"We have no evidence as to the true state of repair of the property at the time, who ordered the works, who carried out the works, who paid for the works or what the works were. Dr Clark never raised this as an issue with the Billing Authority until October 2001. We can see no grounds to grant the exemption."
"From the evidence we have heard, taking into account the considerable amount of time that has elapsed and the fact that the appellant took no steps to notify the authority of his actions at the time, we do not believe the Billing Authority acted unreasonably in not granting the discount."
It cannot possibly be said, in my judgment, that the Tribunal was not entitled to come to that conclusion.
"Dr Clark's position, as we see it, is that he believes the Billing Authority are acting unreasonably, they have no evidence that anyone else was living in the house during the period and therefore should grant the allowance. When considering this type of case, as shown by the Wednesbury decision, it is not for us, a Tribunal, to substitute our opinion for that of the Billing Authority. We cannot say the Billing Authority acted reasonably but they came to the wrong decision. We can only say whether they acted reasonably or not. From the evidence we have heard, taking into account the considerable amount of time that has elapsed and the fact that the appellant took no steps to notify the authority of his actions at the time, we do not believe the Billing Authority acted unreasonably in not granting the discount."
"The Tribunal erred in finding that I was liable as I was registered as a freeholder of 13 Waverley. Liability as an 'owner' under S.6 of the LGF Act 1992 depends on having a 'material interest' in the property."