Abstract
1 SummaryIn R v Secretary of State for the Environment ex parte Rose Theatre Trust Co [1990] 1 All ER 754, Schiemann J. held that no ordinary member of the public, nor even a very large number of members of the public who have joined together for that very purpose, has any standing to challenge a decision by the Secretary of State for the Environment not to schedule a site as a monument of national importance under Section 1(3) of the Ancient Monuments and Archaeological Areas Act 1979. Moreover, the Secretary of State may base the exercise of his discretion on a number of factors in addition to the consideration of whether or not the site is a monument of national importance.
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