Dangerous buildings

Powers of the local authority

The local authority has powers to deal with dangerous buildings under a number of statutes, including:

  1. section 77 of the Building Act 1984 (BA 1984)—court order in respect of dangerous buildings

  2. BA 1984, s 78—emergency measures for dangerous buildings

  3. BA 1984, s 76—defective premises

  4. BA 1984, s 79—ruinous and dilapidated buildings and neglected sites

  5. section 80 of the Environmental Protection Act 1990 (EPA 1990)—statutory nuisance

  6. sections 21 and 22 of the Health and Safety at Work etc Act 1974 (HSWA 1974)—improvement and prohibition notice

  7. section 215 of the Town and Country Planning Act 1990 (TCPA 1990)—notice requiring maintenance of land

See Practice Notes: Dangerous buildings and structures and Section 215 notice requiring maintenance of land.

BA 1984, s 77—court order in respect of dangerous buildings

Under BA 1984, s 77(1), if it appears to a local authority

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High Court gives guidance on the new duty to ‘seek to further the purpose of conserving and enhancing the natural beauty’ of AONB for planning authorities (CPRE Kent v SSHCLG)

Planning analysis: Section 85(A1) of the Countryside and Rights of Way Act 2000 (CRWA 2000) came into effect on 26 December 2023 following amendments to that Act made by section 245 of the Levelling-Up and Regeneration Act 2023 (LURA 2023). The provision requires relevant authorities to ‘seek to further the purpose of conserving and enhancing the natural beauty’ of Areas of Outstanding Natural Beauty (‘AONB’) when exercising functions affecting such land. This case concerned a challenge to the November 2024 decision of the Secretary of State for Housing, Communities and Local Government (‘the Secretary of State’) to grant planning permission for the construction of 165 dwellings and associated works in the High Weald AONB. The grounds of challenge were that the Secretary of State had breached the CRWA 2000, s 85(A1) duty (Ground 1) or alternatively, had given inadequate reasons for concluding that the duty had been complied with (Ground 2). The main issue for the High Court was whether the words ‘seek to further’ contained in the amended section 85(A1) duty had altered the substance of the duty so as to require a decision-maker to refuse planning permission for development if it is found that the proposal would cause harm to an AONB by failing to conserve or enhance its natural beauty. In dismissing the claim and upholding the Secretary of State’s decision, the judge provided guidance on the requirements of the CRWA 2000, s 85(A1) duty in the context of planning decisions affecting AONBs. Written by Max Millington, barrister at Cornerstone Barristers.

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