Assumption of duty of care on safety matters
Developers negotiating with councils on planning conditions and obligations should not be surprised to find a much tougher stance on related safety matters.
A warning of “potentially huge costs implications” is given by Martin Edwards and John Martin in
The gist of the decision, which was addressed to a point of tort law, is that a planning authority can, depending upon their degree of involvement, assume a duty of care to an injured person where the injury is attributable to work carried out in compliance with a planning condition.
Start your free trial today
Your trusted daily source of commercial real estate news and analysis. Register now for unlimited digital access throughout April.
Including:
- Breaking news, interviews and market updates
- Expert legal commentary, market trends and case law
- In-depth reports and expert analysis
Assumption of duty of care on safety matters
Developers negotiating with councils on planning conditions and obligations should not be surprised to find a much tougher stance on related safety matters.
A warning of “potentially huge costs implications” is given by Martin Edwards and John Martin in Unforeseen dangers Estates Gazette 7 July 2001, p129, where they consider the implications of Kane v New Forest District Council [2001] PLSCS 300.
The gist of the decision, which was addressed to a point of tort law, is that a planning authority can, depending upon their degree of involvement, assume a duty of care to an injured person where the injury is attributable to work carried out in compliance with a planning condition.
