A wise decision? When are building operations 'substantially completed'?
Harper, J.
A wise decision? When are building operations 'substantially completed'? - 2003 - Journal of Planning and Environment Law October 2003, 1226-1233(8) .
Criticises the HL decision in "Sage v SoS and Others" [2003] UKHL 22, [2003] 1 WLR 983 with regards to the interpretation of the Town and Country Planning Act s171(B) (as amended). The HL in overturning the HC [2000] EGCS 112 and CA [2001] EWCA Civ 100, [2002] 1 P&CR 493 upheld the Inspector's decision that as the building for which an enforcement notice had been served was in the course of construction, s171(B) did not apply in this instance. S171(B) only applied where a building had been substantially completed. Looks at the construction of s171(B) in some depth and the relevance of a 'substantially 'completed' building. Analyses the HL decision and the reasoning behind it.
TOWN AND COUNTRY PLANNING ACT 1990 S171(B)
SUBSTANTIALLY COMPLETED
ENFORCEMENT NOTICES
TIME LIMITS
PLANNING CONTROL
SAGE V SOS ENVIRONMENT AND OTHERS
BUILDING OPERATIONS
A wise decision? When are building operations 'substantially completed'? - 2003 - Journal of Planning and Environment Law October 2003, 1226-1233(8) .
Criticises the HL decision in "Sage v SoS and Others" [2003] UKHL 22, [2003] 1 WLR 983 with regards to the interpretation of the Town and Country Planning Act s171(B) (as amended). The HL in overturning the HC [2000] EGCS 112 and CA [2001] EWCA Civ 100, [2002] 1 P&CR 493 upheld the Inspector's decision that as the building for which an enforcement notice had been served was in the course of construction, s171(B) did not apply in this instance. S171(B) only applied where a building had been substantially completed. Looks at the construction of s171(B) in some depth and the relevance of a 'substantially 'completed' building. Analyses the HL decision and the reasoning behind it.
TOWN AND COUNTRY PLANNING ACT 1990 S171(B)
SUBSTANTIALLY COMPLETED
ENFORCEMENT NOTICES
TIME LIMITS
PLANNING CONTROL
SAGE V SOS ENVIRONMENT AND OTHERS
BUILDING OPERATIONS