Colonial Range v CES-Queen (BAB4 - Protection Works)

In this case, the applicant, Colonial Range, sought judicial review of determinations made by the Building Appeals Board, upholding decisions by a Building Surveyor. The dispute centred on the validity of protection works proposals and the procedures followed by the Building Surveyor and the Board. The Court of Appeal was tasked with examining whether the Board erred in its decisions.

The legal issues before the court included whether the Board had committed a jurisdictional error by upholding the Building Surveyor's determinations, and whether the Board had failed to seriously consider submissions made by the applicant. Additionally, the court had to determine whether the Board adequately justified its rejection of the applicant's submissions. The case also involved the interpretation of the Building Act 1993 and the Building Regulations 2006, particularly concerning protection works notices.

The court found that the Board had indeed erred by not adequately considering the applicant's submissions and by failing to give adequate reasons for its decisions. The court held that the Board's failure to consider the applicant's arguments properly amounted to a jurisdictional error. Consequently, the court allowed the appeal, quashed the Board's determinations, and remitted the matter back to the Board for reconsideration. The court also noted that the Building Surveyor's earlier misconception of his statutory function contributed to the invalidity of the protection works notices.