A local authority is not liable in damages for a negligent failure properly to complete its planning law duties. No action lay and the remedy available to an individual in such a case is to object on appeal to the Secretary of State and, if still dissatisfied with the planning results of that appeal, to seek judicial review of the Secretary of State’s decision. The question is always whether, looking at the whole statute and at all the circumstances, including the history of the legislation, the relevant Act was passed primarily for the benefit of the individual or for the public in general.
Stephenson LJ
[1984] JPL 329
England and Wales
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.
Planning, Negligence
Updated: 16 November 2021; Ref: scu.225320