BIZARRE CASES - Suing Yourself!

Author(s)
Lisa Collins

A local council in Wales was recently in the rather unusual position of having to sue itself. In an attempt to improve facilities at a local school, Carmarthenshire Council built a new playing field for its pupils but omitted to obtain planning permission beforehand. Planning permission was sought retrospectively but subsequently rejected by Carmarthenshire Council; the same body that applied for the planning permission.

The playing field itself is situated on the debris of a demolished school building and is located approximately 1.4 metres above the bordering ground. After becoming aware of the Council’s plan to build the playing field, disgruntled residents of neighbouring properties complained to the Council that their homes would be overlooked if the Council proceeded with their plan. It is reported that 19 objections by angry residents were submitted to the Council but not one was considered in accordance with the law.

When faced with a situation like this, the Council has an obligation to take legal proceedings against the party who has unlawfully built something. Carmarthenshire Council has therefore had to sue itself and has allegedly split its in-house legal team in two in an attempt to resolve this predicament.

It is not, however, all bad news for the Council, and their glass is by no means half empty; it may be of some comfort and reassurance to the Council that whatever the outcome, at least half the lawyers working on the case will be successful!

Lisa Collins
lisa.collins@birkettlong.co.uk 

Media
BLong newsletter - February 2010

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