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R (on the application of BIZZY B MANAGEMENT LTD) v STOCKTON-ON-TEES BOROUGH COUNCIL

The decision of a local authority to demolish a dilapidated building, notwithstanding its owner's proposed redevelopment scheme, was a rational and proportional one and the enforcement of an unappealed building notice issued by a local authority under the Building Act 1984 s.79 could not amount to an interference with property rights under the European Convention on Human Rights 1950 Protocol 1 art.1.

5 September 2011

The claimant company (B) applied for judicial review of the defendant local authority's decision to continue to demolish a building pursuant to a building notice. The building had been a landmark, iconic structure but had been unoccupied since 1995. It was damaged by fire and vandalism and had become dilapidated. B had acquired the building in 2000 with the intention of redeveloping it, but nothing was done and in 2007 the local authority, having considered that it was detrimental to the amenities of the neighbourhood, issued a building notice under the Building Act 1984 s.79 requiring its demolition. B did not appeal against that notice, but negotiated with another company (P) in an attempt to create a redevelopment project for the site, which was encouraged by the local authority. There were, however, difficulties in advancing a viable scheme and by August 2010 it was clear that there were problems in securing funding for the proposed project. The local authority's forbearance was...

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