Immunity challenge
Series: Property Week ; 66(37) 14 September 2001, 110-111(2)Publication details: 2001Subject(s): Online resources: Summary: 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| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS64582 (Browse shelf(Opens below)) | 1 | Available | 114679-1001 |
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