ABSTRACT
DC (2003) 20 Const LJ 390; Staffordshire CC v Challinor [2007] EWCA Civ 864. Where the breach of planning control consists of the carrying out without planning permission of construction or engineering operations, there is a four-year limitation period for any enforcement action, where the limitation period starts running from the date on which the operations were substantially completed: section 171B(1). See also Fidler v Secretary of State for Communities and Local Government [2010] EWHC 143 (Admin); Secretary of State for Communities and Local Government v Welwyn Hatfield BC [2011] UKSC 15. 23 Environmental Planning and Assessment Act 1979 (NSW) Part 6 Div 2A. See also Council of the Municipality of Woollahra v Barlow (1988) 6 BCL 61 [NSW Ct App]. 24 See, eg, Drivas v Silcock [2009] QSC 72. 25 Lym International Pty Ltd v Marcolongo [2011] NSWCA 303 at [215] and [261], per Campbell JA. 26 See, eg, Bateson, “The Judicial Review of the Controversial Victoria Harbour Reclamation Plans” [2004] ICLR 256. 27 Buildings Ordinance (Cap 123) (HK) Part 2. 28 Being, depending on the circumstances, the Chief Executive Officer of the Urban Redevelopment Authority, the Chief Planner of the Urban Redevelopment Authority or the Housing and Development Board. 29 Planning Act (Cap 232, 1998 rev ed) (Sing) section 28(1). 30 Planning Act (Cap 232, 1998 rev ed) (Sing) section 28(3). 31 This may be as a consequence of the contractor being subject to a general express obligation to carry out its activities in accordance with all applicable laws. 32 CJ Elvin Building Services Ltd v Noble [2003] EWHC 837 (TCC) at [52]–[55], per Mr Recorder
widely in property developments and transactions. A proprietary interest in land may, for example, be subject to restrictions as to whether and if so what building works may be performed upon the land. The nature of those restrictions may be absolute or qualified.34 The effect of building work being performed in breach of a restrictive covenant in a building scheme is that the innocent party may be able to recover substantial damages (representing its loss) for breach of the covenant.35 Furthermore, where there has been a breach or a threatened breach of a restrictive covenant, the breach or threatened breach may be restrained by way of an injunction.36
