Business

The Domestic Improvements Registration Act

On receipt of an application from a person or business of that class of business take account of the following when considering an application for registration :b] Joe has recently applied for registration with BC but his application was turned down. The letter informing him of the decision stated that BC was not satisfied that his business was financially sound, which he disputes, and also that the Council is of the opinion that his style of landscaping is inappropriate for properties in the Council’s area, in particular, his extensive use of garden gnomes.c] Mick applied for registration with BC. When he inquired on the progress of his application, BC’s Trading Standards Department (TDS), which considers all applications before putting them to the Council for a final decision, with a recommendation for approval or rejection, told him they were recommending approval.Mick has subsequently discovered that one of the members of the Council who considered his application, George, has a sister, Felicity, who lives in the area of an adjoining council and who is in dispute with Mick regarding landscaping work he undertook in her garden. She has refused to pay for the work alleging that it is unsatisfactory and does not comply with what was agreed. He has commenced court proceedings against her for? 20,000, the sum originally agreed, and she has promised to defend such action vigorously.Having analysed the problem you are experiencing with regard to the re-registration of your business with the council it is my opinion that you should seek a judicial review of the decision of the council as it could be regarded that they have acted ultra vires in failing to provide you with an explanation as to why your application has been rejected.Claims for judicial review can be brought if it can be established that the actions of the body concerned are either illegal, irrational or there has been procedural impropriety.

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