ABSTRACT
The general rule that the local planning authority are not liable to neighbouring landowners in negligence for granting planning permission for development which adversely affects the plaintiff’s interests has been upheld in the Court of Appeal in Lam v Brennan (1997) 3 PLR 22. Although safety to a person and property may be a material consideration, it was clear that the policy of the Act, in conferring broad discretionary power under s 70, was not to make a duty of care at common law which would make the public authority liable to pay compensation for the foreseeable loss caused by the exercise or non-exercise of power.
