>But the conditions in Schedule 2 that you mention all use the word
"necessary". It is not necessary for the applicants' details >to appear on
the Internet in order to comply with the legislation (T&CP) or to meet the
public interest.
The argument is often advanced these days that necessity can be justified
using the "well being power" in S2 of the Local Government Act 2000.
Before the idea of using the Internet came up, all councils were meeting
their obligations by having a register open for inspection at reasonable
hours (ie office hours) and were publishing more widely (newspapers) those
applications which affected a larger community.
True. But with the coming of the Internet the definition of "reasonable"
has widened - just as it did with the publication of newspapers which were
widely available.
Rightly or wrongly I think we have a situation where it will take a test
case to decide this issue.
Regards,
Graham
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