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@john drowssap22 March 2016 05:12 pm:

"...For a start, I doubt if the notice that the council issued was legal let alone lawful. .... "

"....Any planning determination must be made by the full council Schedule one headed. “functions not to be the function of an authorities executive” ..."

I don't think you are right, but would invite measured observations on here. If you want to rely on lack of power you would have to show that the words referred to "must" or mandatory requirements. Bennion is better on this, not Halsburys. I think he suggests that even mandatory requirements not followed can still be the subject of affirmation as well and only in unique situations are a failure to follow mandatory requirements so unlawful and so incapable of retrospective curative steps that the act fails completely.