Lender not bound by seller’s right to cancel unconscionable bargain
Section 116 of the Land Registration Act 2002 provides: “It is hereby declared for the avoidance of doubt that, in relation to registered land, each of the following— (a) an equity by estoppel, and:...
View ArticleEarlier extension discounted under permitted development rights
In relation to householders’ permitted development rights what is the meaning of “the enlarged part of the dwellinghouse” in Class A of Part 1 of Schedule 2 to the Town and Country Planning (General...
View ArticleProportionality assessment did not apply to private possession claim
In the Supreme Court case of McDonald v McDonald and others [2016] Fiona McDonald, was aged 45 and suffered from a personality disorder. In May 2005 her parents bought 25 Broadway Close, Witney (“the...
View ArticleCommunity donation immaterial consideration invalidating planning permission
The High Court case of Wright, R (on the application of) v Forest of Dean District Council & Anor [2016] concerned whether or not a local community donation, based on turnover generated by a wind...
View ArticleCPO: Upper Tribunal could substitute new respondent after Limitation Period
After the expiry of the relevant limitation period, does the Upper Tribunal have power to substitute a new party as the respondent to a claim for compensation for disturbance? There appears to have...
View ArticleFlat Landlord not responsible for Tenant fall in Common Parts
Where a lease is a lease of a dwelling-house which forms part only of a building, then, under section 11 (1A) of the Landlord and Tenant Act 1985 there is implied into the tenancy agreement a...
View ArticleOffices to flats: Deemed planning consent convertible to have lesser conditions
In the High Court case of Pressland v The Council of the London Borough of Hammersmith and Fulham [2016] the Claimant, applied to the Defendant Council for a determination under the Town and Country...
View ArticleUnlawful use enforcement notice could require removal of structures
In what circumstances may an enforcement notice issued by a local planning authority against an unlawful change of use require the removal of structures connected with that unlawful use? In the Court...
View ArticlePlanning condition not ultra vires as requiring neighbouring drainage...
A planning condition might require the preparation and approval of a surface water drainage scheme, before the approved development is begun, if that planning condition fairly and reasonably relates to...
View ArticlePlanning: Sequential test sites must disregard applicant’s circumstances
Planning authorities must “require applications for main town centre uses to be located in Town Centres, then in edge of centre locations and only if suitable sites are not available should out of...
View ArticleThe need for good PR in rights of light cases
In Scandia Care Ltd and another v Ottercroft Ltd [2016] the developer planned a ground floor café with flats above. This included a new fire escape staircase. The new staircase obscured the light to...
View ArticleLease renewals: landlord could restore redevelopment ground opposition
Landlords wishing to get back 1954 Act protected business premises on redevelopment grounds have been handed a boost by Waterstones Booksellers Ltd v Notting Hill Gate KCS Ltd [2016]. Here the landlord...
View ArticleLiability under the Environmental Liability Directive
The case of Seiont, Gwyrfai And Llyfni Anglers’ Society v Natural Resources Wales [2016] required the Court of Appeal to consider the meaning of the concepts of “damage” and “environmental damage” in...
View ArticleWorld Heritage Site Planning: Council did not breach duty to notify Government
Sub-paragraph (2) in paragraph 18a-036 of the Planning Practice Guidance requires information to be provided to enable the Government to comply with it’s obligations, under the 1972 World Heritage...
View ArticleMortgages prevented lease surrenders which were basis of guarantor release
The Co-Operative Bank Plc v Hayes Freehold Ltd & Ors [2016] was a preliminary hearing in respect of a striking out/summary dismissal application. Here a head lease was granted out of a freehold...
View ArticleUnremoved minor tenant’s works frustrated break notice
Where a break clause is conditional on the tenant providing vacant possession to the landlord on the break date the property must be returned without any chattels left there by the tenant which might...
View ArticlePlanning: Failure to identify development as inappropriate to area
In Lensbury Ltd, R (On the Application Of) v Richmond-Upon-Thames London Borough Council [2016] a development at Teddington Weir, Teddington Lock, Teddington was in an area designated as Metropolitan...
View ArticleLandlord Development permitted despite conflict with RTM Company’s Functions
Can a landlord develop an additional flat on an apartment block roof where the management of that roof has been transferred to a “right to manage company” (“RTM Company”)? In a recent county court case...
View ArticleRetrospective planning consent too late for DIY Builder VAT refund
Section 35 of the Value Added Tax Act 1994 (“VATA”) says a person constructing a building designed as a dwelling can claim a refund of VAT from HMRC provided that the work undertaken is “lawful and...
View ArticleContribution towards element of composite development was lawful planning...
Planning law recognises the possibility that an application for planning permission may be for a development which includes a number of elements, a composite development. Here, the advantages of one...
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