Legal Updates

MP criticises planning bill amendment

Date:  05 Aug 2008

An MP has requested an explanation as to how a "draconian" clause has entered the new planning bill, according to reports.

Nick Harvey, member for North Devon, says an added provision to the proposed legislation could prevent residents from claiming compensation from developers causing nuisances on land close to their homes.

Section 155 entered the planning bill, itself described as "anti-democratic" by the MP, shortly before parliament retired for its annual summer recess, reports the North Devon Gazette.

Mr Harvey said compliance could be enforced for nuisances defined in statute, but only a "narrow range" of problems were covered and others could be ignored.

He added: "This new section of the Bill, bounced on Parliament just before the recess, is ill- thought out, gives ''carte blanche'' indemnity to the developer, and deprives individuals and families of a right of redress.

"If the Government persist with this legislation I am sure it will be open to challenge under the Human Rights Act and, on a local scale, a mountain of legal case work will build up as the injustices mount up."

Examples of potential nuisances, actionable under the law of torts in the civil courts, include escaping noises, fumes and spillages.

Vizards Tweedie specialise in all aspects of commercial and residential property work

back to Legal Updates