A council had no liabiity in a private action for damages for a breach of statutory duty in its handling of a planning application. While doubting that it was so, Lord Diplock left open the question whether an individual injuriously affected by either the refusal of planning permission on the part of a planning authority or by the grant of planning permission to neighbouring property owners had a right of action for damages against the planning authority.
Judges:
Lord Diplock
Citations:
[1981] 1 All ER 1202
Jurisdiction:
Australia
Cited by:
Cited – Regina v Lam and Others (T/a ‘Namesakes of Torbay’) and Borough of Torbay CA 30-Jul-1997
The claimant sought damages after the planning authority allowed the first defendant to conduct a manufacturing business in the course of which spraying activities took place which caused them personal injuries and loss of business.
Held: The . .
Cited – Kane v New Forest District Council CA 13-Jun-2001
A pedestrian walked from a footpath into the road and was hit by a car. She sought damages from the highway authority, saying that they had allowed vegetation to grow to an extent to make it impossible to be seen. As a second tier appeal, the . .
Lists of cited by and citing cases may be incomplete.
Negligence, Local Government
Updated: 09 May 2022; Ref: scu.225319