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Failure to file construction management plan results in finding of ‘unauthorised development’

By: Ian Fitzharris BL

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High Court grants application for a construction management plan to be filed by the respondent recipient of planning permission for the construction of a hotel next to the applicant's site (whom itself has received similar permission for its own development), on the grounds that, as a result of the failure to do so to date, the construction thus far carried out at the site is 'unauthorised development' owing to the express requirements in the conditions of the grant of permission; but the court makes no order as to costs owing to the limited nature of the relief ultimately sought at hearing.

Planning and development - unauthorised development - application for order directing filing of a construction management plan - parties granted planning permission for contraction of hotels on neighbouring lands - extent and conditions of planning permission granted to respondent - apparent breaches of planning permission - construction management plan condition not complied with - jurisdiction of court under application pursuant to section 160 - whether development an 'unauthorised development' in light of conditions imposed by planning authority not complied with - commencement notice not served but not required to be served in advance of construction - phased nature of construction not a matter court will have regard - archaeological investigations not concluded is not determinative - phased planning compliance process not envisaged in terms of planning permission - unauthorised development - construction management plan to be filed - costs - no order.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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