The assignment concentrates on Lord Neuberger in Coventry v Lawrence [2004] case study. Also, Discuss and critically evaluate the current position on the importance of planning
Lord Neuberger in Coventry v Lawrence [2004] case study
Lord Neuberger in Coventry v Lawrence [2004] UKSC 13 stated that.. In approving Carnwath LJ’s statement from Barr v Biffa Waste Service Ltd [2013] QB 455, Lord Neuberger in Coventry v Lawrence [2004] UKSC 13 stated that. “The common law of nuisance has co-existed with statutory controls, albeit less sophisticated, since the 19th century. There is no principle that the common law should ‘march with’ a statutory scheme covering similar subject matter. Short of express or implied statutory authority to commit a nuisance. There is no basis, in principle or authority, for using such a statutory scheme to cut down private rights.” Lord Carnwath was careful to note that his comments in Barr related to environmental regulation rather than planning control.
Lord Neuberger in Coventry v Lawrence [2004] case study
Discuss and critically evaluate the current position on the importance of planning permission when assessing whether someone will found liable in nuisance. You should make detailed and in-depth reference to case law and reflect on academic opinion. Firstly, planning contributes to Objectives. Secondly, planning starts with the determination of objectives. We cannot think of planning in absence of objective. After setting up of the objectives, planning decides the methods, procedures and steps to taken for achievement of set objectives. Planners also help and bring changes in the plan if things are not moving in the direction of objectives.
For example, if an organisation has the objective of manufacturing 1500 washing machines. In one month only 80 washing machines manufactured, then changes made in the plan to achieve the final objective. Thirdly, planning is Primary function of management. Planning is the primary or first function to performed by every manager. No other function can executed by the manager without performing planning function. Because objectives are set up in planning and other functions depend on the objectives only.
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