Immunity challenge
Wells, M.
Immunity challenge - 2001 - Property Week 66(37) 14 September 2001, 110-111(2) .
Considers how much immunity a local authority has from liability for any damage caused by the planning decisions it takes. Confirms that a neighbour who is inconvenienced by a development with planning permission has no redress against a local authority. However, notes that in certain circumstances a planning authority may incur a private law liability for loss caused as a result of a planning decision. A planning authority may also, in some circumstances, place itself under a common law duty of care. Discusses "Kane v New Forest D C", which illustrates that a planning authority can be held liable in negligence in the exercise of its development control powers, if that action results in the creation of a source of danger. Full copy of judgment available at: http://porch.ccta.gov.uk/courtser/judgements.nsf/Search/DFBF1E5C129FABEC80256A73003D60E6?OpenDocument
LOCAL PLANNING AUTHORITIES
LIABILITY
PLANNING DECISIONS
DANGER
DUTY OF CARE
NEGLIGENCE
KANE V NEW FOREST DC
SLOUGH ESTATES V WELWYN HATFIELD DC
IMMUNITY
CASE LAW
Immunity challenge - 2001 - Property Week 66(37) 14 September 2001, 110-111(2) .
Considers how much immunity a local authority has from liability for any damage caused by the planning decisions it takes. Confirms that a neighbour who is inconvenienced by a development with planning permission has no redress against a local authority. However, notes that in certain circumstances a planning authority may incur a private law liability for loss caused as a result of a planning decision. A planning authority may also, in some circumstances, place itself under a common law duty of care. Discusses "Kane v New Forest D C", which illustrates that a planning authority can be held liable in negligence in the exercise of its development control powers, if that action results in the creation of a source of danger. Full copy of judgment available at: http://porch.ccta.gov.uk/courtser/judgements.nsf/Search/DFBF1E5C129FABEC80256A73003D60E6?OpenDocument
LOCAL PLANNING AUTHORITIES
LIABILITY
PLANNING DECISIONS
DANGER
DUTY OF CARE
NEGLIGENCE
KANE V NEW FOREST DC
SLOUGH ESTATES V WELWYN HATFIELD DC
IMMUNITY
CASE LAW