{"id":4998,"date":"2017-03-27T17:16:52","date_gmt":"2017-03-27T17:16:52","guid":{"rendered":"https:\/\/microsites.bournemouth.ac.uk\/cel\/?p=4998"},"modified":"2017-03-27T17:16:52","modified_gmt":"2017-03-27T17:16:52","slug":"two-law-school-graduates-co-produced-and-co-created-a-piece-of-work-with-a-senior-academic-deliberate-concealment","status":"publish","type":"post","link":"https:\/\/microsites.bournemouth.ac.uk\/flie\/2017\/03\/27\/two-law-school-graduates-co-produced-and-co-created-a-piece-of-work-with-a-senior-academic-deliberate-concealment\/","title":{"rendered":"Two law school graduates co-produced and co-created a piece of work with a senior academic – “Deliberate concealment”"},"content":{"rendered":"

Tilak Ginige, a Senior Lecturer in Environmental Law at Bournemouth University\u2019s Faculty of Science & Technology reports:<\/em><\/p>\n

It is with great pride that I want to announce that\u00a0two Law School Graduates -Sophie Childs, Hannah Pateman and I, co-produced and co-created a piece of work.\u00a0This work has been published\u00a0in the prestigious\u00a0International Journal of Law in the Built Environment<\/a>, Volume 9, Issue 1 of\u00a02017.<\/p>\n

This work confirms our collective effort and sentiment that Bournemouth University is helping to developing exceptionally\u00a0talented undergraduate and postgraduate scholars.<\/p>\n

Please\u00a0find\u00a0below\u00a0a copy of the abstract and the practical implications it will have in the field of Environmental Law and Planning.<\/p>\n

Citation:<\/em><\/strong><\/p>\n

Sophie Childs <\/a>, Tilak A GINIGE <\/a>, Hannah Pateman <\/a>, (2017) “Deliberate concealment “, International Journal of Law in the Built Environment, Vol. 9 Iss: 1, pp. –<\/p>\n

Downloads:<\/strong><\/em><\/p>\n

The full text of this document has been downloaded 3 times since 2017<\/p>\n

Abstract:<\/strong><\/em><\/p>\n

Purpose<\/strong><\/h5>\n

Welwyn Hatfield Borough Council v Secretary of State for Communities and Local Government (Beesley hereafter) and Fidler v Secretary of State for Communities and Local Government (Fidler hereafter) are two recent cases concerning deliberately concealed breaches of planning control. The defendants engaged in dishonest and misleading conduct, in an attempt to rely on a loophole within section 171B of the Town and Country Planning Act 1990 (T&CPA).This article critically analyses two solutions which were created to close the loophole, in addition, the article analyses various alternative remedies that have been suggested, and lastly, whether the present law has been sufficient to remedy the situation.<\/p>\n

Design\/methodology\/approach<\/strong><\/h5>\n

Black letter law-The T&CPA is a key piece of legislation regulating planning controls; section 171A-C provides the time limits for taking enforcement action against a breach of planning control. In order to achieve the above purpose, an evaluation of those provisions will be undertaken in detail. Subsequently, this article will analyse two solutions which were created to close the loophole; firstly the Supreme Court (SC) decision, and secondly Parliaments decision to amend the T&CPA without awaiting SC\u2019s decision.<\/p>\n

Findings<\/h5>\n

This research concludes that Parliament should have awaited the SC\u2019s decision before amending statute to prohibit reliance upon the expiration of time where there is an element of deliberate concealment. Additionally, this article suggests that the statutory amendments were not required in light of the SC\u2019s solution in Beesley. As a result of Parliaments ill-considered decision, uncertainty has permeated through the conveyancing process, causing ambiguity, delays and additional expense in transactions at a time when a precarious property market needs anything but uncertainty.<\/p>\n

Research limitations\/implications<\/h5>\n

The scope of this research is limited to deliberate concealment of breaches of planning control and the four year enforcement period; whilst considering the consequences of the solutions proposed it does not provide a detailed overview of the planning system, but rather assumes prior knowledge.<\/p>\n

Practical implications<\/h5>\n

This article offers a unique assessment of the law relating to the deliberate concealment of planning breaches and offers a thorough criticism of the law with recommendations for reform. Additionally, a variety of alternative solutions are considered. Both legal academics, planning professionals and those interested in planning law will find the paper a thought-provoking digest.<\/p>\n

Originality\/value<\/h5>\n

This article offers a unique assessment of the law relating to the deliberate concealment of planning breaches and offers a thorough criticism of the law with recommendations for reform. Additionally, a variety of alternative solutions are considered. Both legal academics, planning professionals and those interested in planning law will find the paper a thought-provoking digest.<\/p>\n

If you require more information, please contact Tilak Ginige here<\/a>.<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

Tilak Ginige, a Senior Lecturer in Environmental Law at Bournemouth University\u2019s Faculty of Science & Technology reports: It is with great pride that I want to announce that\u00a0two Law School Graduates -Sophie Childs, Hannah Pateman and I, co-produced and co-created a piece of work.\u00a0This work has been published\u00a0in the prestigious\u00a0International Journal of Law in the… Read more » about Two law school graduates co-produced and co-created a piece of work with a senior academic – “Deliberate concealment”<\/span><\/a><\/p>\n","protected":false},"author":1273,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[132,5,34],"tags":[17,505,506,507],"class_list":["post-4998","post","type-post","status-publish","format-standard","hentry","category-co-creation","category-news","category-resource","tag-co-creation","tag-co-production","tag-deliberate-concealment","tag-environmental-law"],"acf":[],"_links":{"self":[{"href":"https:\/\/microsites.bournemouth.ac.uk\/flie\/wp-json\/wp\/v2\/posts\/4998","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/microsites.bournemouth.ac.uk\/flie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/microsites.bournemouth.ac.uk\/flie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/microsites.bournemouth.ac.uk\/flie\/wp-json\/wp\/v2\/users\/1273"}],"replies":[{"embeddable":true,"href":"https:\/\/microsites.bournemouth.ac.uk\/flie\/wp-json\/wp\/v2\/comments?post=4998"}],"version-history":[{"count":1,"href":"https:\/\/microsites.bournemouth.ac.uk\/flie\/wp-json\/wp\/v2\/posts\/4998\/revisions"}],"predecessor-version":[{"id":4999,"href":"https:\/\/microsites.bournemouth.ac.uk\/flie\/wp-json\/wp\/v2\/posts\/4998\/revisions\/4999"}],"wp:attachment":[{"href":"https:\/\/microsites.bournemouth.ac.uk\/flie\/wp-json\/wp\/v2\/media?parent=4998"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/microsites.bournemouth.ac.uk\/flie\/wp-json\/wp\/v2\/categories?post=4998"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/microsites.bournemouth.ac.uk\/flie\/wp-json\/wp\/v2\/tags?post=4998"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}