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Article

Francis Moor

The purpose of this paper is to explore and examine the impact of s.158 of the Planning Act 2008 in the UK, which awards the defence of statutory authority to developers…

Abstract

Purpose

The purpose of this paper is to explore and examine the impact of s.158 of the Planning Act 2008 in the UK, which awards the defence of statutory authority to developers of major infrastructure projects in private nuisance actions. The paper will assess the extent to which this provision could broaden the scope of the existing defence and consider the practical implications of the new measures.

Design/methodology/approach

The paper analyses existing case law, and the historic evolution of the UK doctrine of statutory authority, in order to assess the potential judicial approach to the defence in infrastructure planning decisions.

Findings

Although s.158 of the Planning Act 2008 appears to further broaden the opportunity for the statutory immunity defence to be used, certain historical restrictions will affect its application. In awarding the defence, the judiciary have taken into account a variety of considerations such as the specificity of the location, the inevitability of the nuisance, the effect on statutory provisions, and the bearing that negligence has on the defence. These exceptions prove that there is no such thing as “blanket immunity”, and developers may still be held responsible for their un‐neighbourly conduct.

Practical implications

The scope of the protection conferred on developers of major infrastructure projects can appear confusing and could potentially create the assumption that statutory authority will act as a total defence to any actions. Developers, and their advisers, will need to be aware of the aforementioned exceptions before seeking to rely on the statutory authority defence.

Originality/value

This paper proposes that the doctrine of statutory authority has gained a newly significant status and uses recent legislation and a comprehensive overview of the existing case law to demonstrate these findings.

Details

International Journal of Law in the Built Environment, vol. 3 no. 1
Type: Research Article
ISSN: 1756-1450

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Article

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Property Management, vol. 17 no. 1
Type: Research Article
ISSN: 0263-7472

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Property Management, vol. 16 no. 1
Type: Research Article
ISSN: 0263-7472

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Property Management, vol. 19 no. 2
Type: Research Article
ISSN: 0263-7472

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Article

I. Travers

Examines the areas of the law which might assist a plaintiff inestablishing a claim against either a landlord, a tenant, or an occupierof premises where there has been an…

Abstract

Examines the areas of the law which might assist a plaintiff in establishing a claim against either a landlord, a tenant, or an occupier of premises where there has been an outbreak of Legionnaire′s disease: Defective Premises Act, Occupiers Liability Act, negligence, nuisance, strict and criminal liability, Public Health Act, and insurance. Concludes that while there are numerous laws to help the plaintiff, finding the necessary proof of liability is no easy matter.

Details

Property Management, vol. 7 no. 4
Type: Research Article
ISSN: 0263-7472

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Article

Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes 8‐17; Property…

Abstract

Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes 8‐17; Property Management Volumes 8‐17; Structural Survey Volumes 8‐17.

Details

Facilities, vol. 18 no. 9
Type: Research Article
ISSN: 0263-2772

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Article

K.G.B. Bakewell

Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes…

Abstract

Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.

Details

Structural Survey, vol. 19 no. 3
Type: Research Article
ISSN: 0263-080X

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Article

K.G.B. Bakewell

Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes…

Abstract

Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes 8‐17; Property Management Volumes 8‐17; Structural Survey Volumes 8‐17.

Details

Property Management, vol. 18 no. 3
Type: Research Article
ISSN: 0263-7472

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Article

Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property…

Abstract

Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.

Details

Facilities, vol. 19 no. 9
Type: Research Article
ISSN: 0263-2772

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Article

K.G.B. Bakewell

Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes…

Abstract

Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.

Details

Property Management, vol. 19 no. 3
Type: Research Article
ISSN: 0263-7472

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