Tort Law and Regulation: Planning and Nuisance

摘要

We could say that this is a matter of constitutional appropriateness, and that the relationship between tort and regulation should be left to Parliament. The Planning Act 2008 demonstrates the potential, defining in advance the "strategic decision" that takes priority over private rights, and so removing some of the heat from the relationship between tort and regulation. We might argue that planning is irrelevant to any decision not falling under the Act.