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Article
Publication date: 10 April 2017

Sophie Childs, Tilak A. Ginige and Hannah Pateman

Welwyn Hatfield Council v Secretary of State for Communities and Local Government [2009] EWHC 966 (Admin), Welwyn Hatfield Council v. Secretary of State for Communities and Local

5967

Abstract

Purpose

Welwyn Hatfield Council v Secretary of State for Communities and Local Government [2009] EWHC 966 (Admin), Welwyn Hatfield Council v. Secretary of State for Communities and Local Government [2010] EWCA Civ 26 and Welwyn Hatfield Council v. Secretary of State for Communities and Local Government [2011] UKSC 15 (Beesley hereafter) and Fidler v. Secretary of State for Communities and Local Government [2010] EWHC 143 (Admin), Fidler v. Secretary of State for Communities and Local Government [2011] EWCA civ 1159 (Fidler hereafter) are two recent cases concerning deliberately concealed breaches of planning control. The defendants engaged in dishonest and misleading conduct, in an attempt to rely on a loophole within Section 171B of the Town and Country Planning Act 1990 (T&CPA). This study aims to critically analyse two solutions which were created to close the loophole; in addition, this study analyses various alternative remedies that have been suggested, and finally, whether the present law has been sufficient to remedy the situation.

Design/methodology/approach

The T&CPA is a key piece of legislation regulating planning controls; Section 171A-C provides the time limits for taking enforcement action against a breach of planning control. To achieve the above purpose, an evaluation of those provisions will be undertaken in detail. Subsequently, this study will analyse two solutions which were created to close the loophole; firstly, the Supreme Court (SC) decision (Welwyn Hatfield Borough Council v. Secretary of State for Communities and Local Government [2011] UKSC 15) and, secondly, the governments’ decision to amend the T&CPA without awaiting the SC’s decision[1].

Findings

This research concludes that the government should have awaited the SC’s decision before amending statute to prohibit reliance upon the expiration of time where there is an element of deliberate concealment. Additionally, this study suggests that the statutory amendments were not required in light of the SC’s solution in Beesley. As a result of the governments’ ill-considered decision, uncertainty has permeated through the conveyancing process, causing ambiguity, delays and additional expense in transactions at a time when a precarious property market needs anything but uncertainty.

Research limitations implications

The scope of this research is limited to deliberate concealment of breaches of planning control and the four-year enforcement period; whilst considering the consequences of the solutions proposed, this study does not provide a detailed overview of the planning system, but rather assumes prior knowledge.

Originality/value

This study offers a unique assessment of the law relating to the deliberate concealment of planning breaches and offers a thorough criticism of the law with recommendations for reform. Additionally, a variety of alternative solutions are considered. Both legal academics, planning professionals and those interested in planning law will find the paper a thought-provoking digest.

Details

International Journal of Law in the Built Environment, vol. 9 no. 1
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 1 January 1954

Aarhus Kommunes Biblioteker (Teknisk Bibliotek), Ingerslevs Plads 7, Aarhus, Denmark. Representative: V. NEDERGAARD PEDERSEN (Librarian).

Abstract

Aarhus Kommunes Biblioteker (Teknisk Bibliotek), Ingerslevs Plads 7, Aarhus, Denmark. Representative: V. NEDERGAARD PEDERSEN (Librarian).

Details

Aslib Proceedings, vol. 6 no. 1
Type: Research Article
ISSN: 0001-253X

Article
Publication date: 1 March 1992

Louis M. Imbeau

Based on a formalization of the 1981 constitutional negotiation in Canada, this article analyses the impact of procedural constraints on collective decisions. Four procedural…

Abstract

Based on a formalization of the 1981 constitutional negotiation in Canada, this article analyses the impact of procedural constraints on collective decisions. Four procedural constraints are considered: voting procedures, voting rules, decision rules, and the order of presentation of options to the vote. Sincere voting (voting according to a voter's preference scale), complete information, and free communication are assumed in the first part of the analysis. The assumption of sincere voting is relaxed in the second part where strategic voting is considered The analysis shows that (1) a collective decision is determined by some interaction of voters' preferences, procedural constraints, and voting strategies, and (2) procedural constraints can be ordered in terms of their relative impact on the collective decision (in decreasing order: decision rules, voting rules, order of presentation, voting procedures). In the conclusion, a general model of the determination of collective decisions is presented.

Details

International Journal of Conflict Management, vol. 3 no. 3
Type: Research Article
ISSN: 1044-4068

Article
Publication date: 1 March 1974

Tom Schultheiss, Lorraine Hartline, Jean Mandeberg, Pam Petrich and Sue Stern

The following classified, annotated list of titles is intended to provide reference librarians with a current checklist of new reference books, and is designed to supplement the…

Abstract

The following classified, annotated list of titles is intended to provide reference librarians with a current checklist of new reference books, and is designed to supplement the RSR review column, “Recent Reference Books,” by Frances Neel Cheney. “Reference Books in Print” includes all additional books received prior to the inclusion deadline established for this issue. Appearance in this column does not preclude a later review in RSR. Publishers are urged to send a copy of all new reference books directly to RSR as soon as published, for immediate listing in “Reference Books in Print.” Reference books with imprints older than two years will not be included (with the exception of current reprints or older books newly acquired for distribution by another publisher). The column shall also occasionally include library science or other library related publications of other than a reference character.

Details

Reference Services Review, vol. 2 no. 3
Type: Research Article
ISSN: 0090-7324

Article
Publication date: 1 January 1981

KB EVERARD

On 27 November 1980 BACIE set up a conference to discuss the MSC report entitled OUTLOOK ON TRAINING which is intended to guide the government in making its decisions on what…

Abstract

On 27 November 1980 BACIE set up a conference to discuss the MSC report entitled OUTLOOK ON TRAINING which is intended to guide the government in making its decisions on what changes to make in the statutory system of industrial training and vocational preparation in the UK. The timing was, by accident, impeccable because on the eve of the conference the Minister had announced in the House the government's response to the review. Mr Prior was to have addressed the conference himself but pressure of business necessitated his replacement by Lord Gowrie, one of his junior ministers. The other speakers were Sir Richard O'Brien, chairman of the MSC, Len Murray of the TUC, Sir Norman Lindop, Director of Hatfield Polytechnic, Shirley Williams and Dr K B Everard, Education and Training Manager of ICI Ltd. We reproduce below Dr Everard's version of his speech, in which he gave an industrial view of the report, its proposals and such items of official government policy on vocational preparation as have been divulged to date. We have entitled the piece

Details

Industrial and Commercial Training, vol. 13 no. 1
Type: Research Article
ISSN: 0019-7858

Article
Publication date: 1 May 1983

VINE is produced at least four times a year with the object of providing up‐to‐date news of work being done in the automation of library housekeeping processes, principally in the…

Abstract

VINE is produced at least four times a year with the object of providing up‐to‐date news of work being done in the automation of library housekeeping processes, principally in the UK. It is edited and substantially written by the Information Officer for Library Automation based in Southampton University Library and supported by a grant from the British Library Research and Development Department. Copyright for the articles rests with the British Library Board and opinions expressed in VINE do not necessarily reflect the views and policies of the British Library. The subscription for 1984 to VINE is: £23 for UK subscribers, £26 to overseas subscribers (including airmail delivery). Second and subsequent copies to the same address are charged at £14 for UK and £16 for overseas. VINE is available in either paper or microfiche copy and all back issues are available on microfiche.

Details

VINE, vol. 13 no. 5
Type: Research Article
ISSN: 0305-5728

Article
Publication date: 1 March 2010

6509

Abstract

Details

Journal of Public Budgeting, Accounting & Financial Management, vol. 22 no. 3
Type: Research Article
ISSN: 1096-3367

Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…

10869

Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

Details

Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 1 April 1983

VINE is produced at least four times a year with the object of providing up‐to‐date news of work being done in the automation of library housekeeping processes, principally in the…

Abstract

VINE is produced at least four times a year with the object of providing up‐to‐date news of work being done in the automation of library housekeeping processes, principally in the UK. It is edited and substantially written by The Information Officer for Library Automation based in Southampton University Library and supported by a grant from the British Library Research and Development Department. Copyright for VINE articles rests with the British Library Board, but opinions expressed in VINE do not necessarily reflect the views and policies of the British Library. The subscription for 1983 for VINE is £22 for UK subscribers and £25 for overseas subscribers. The first copy will be charged at normal rate, but all others will be supplied for only £12 per year UK and £14 per year overseas. VINE is available in either paper copy or microfiche and all back issues are available on microfiche.

Details

VINE, vol. 13 no. 4
Type: Research Article
ISSN: 0305-5728

Article
Publication date: 1 July 1939

THE following list of contracts placed by the Air Ministry during May has been extracted from the June issue of The Ministry of Labour Gazelle:—

Abstract

THE following list of contracts placed by the Air Ministry during May has been extracted from the June issue of The Ministry of Labour Gazelle:—

Details

Aircraft Engineering and Aerospace Technology, vol. 11 no. 7
Type: Research Article
ISSN: 0002-2667

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