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Commercial Property News

Supreme Court Guidance on ‘Town or Village Greens’

Written on May 28, 2014 at 6:00 am

In an important victory for developers, which also represents a serious blow to those committed to preserving open spaces for public recreation, a campaigner has failed to convince the Supreme Court that a playing field which had been used by local people for more than 50 years should be registered as a town or village… Read More »

Wind Turbines to Power Mineral Water Plant

Written on May 22, 2014 at 6:00 am

In a case which balanced the pressing need for more sources of renewable energy against potential impacts on scheduled ancient monuments, a mineral water firm has fought off a High Court challenge to its planning permission for the erection of two wind turbines to power its bottling plant. Princes Gate Spring Water was granted consent… Read More »

Council Faces Stinging Bill for Pier Closure

Written on May 12, 2014 at 6:00 am

In a unique case which weighed the private interests of commercial tenants against the public safety duties owed by local authorities, Hastings Borough Council was left facing a substantial compensation bill over its 2006 decision to close down the town’s historic pier due to the potentially dangerous decay of its structure. Council officials said that… Read More »

Court Rules on Beaverbrook Mansion Planning Row

Written on May 7, 2014 at 6:00 am

The Court of Appeal has dramatically revived plans to turn Lord Beaverbrook’s former country home –considered a ‘jewel in the crown’ of the Surrey countryside – into an ‘elite’ golf course, hotel, health club and spa. The Court overturned a High Court ruling which had stripped the owners of Grade II listed Cherkley Court of planning… Read More »

Community Infrastructure Levy Passes High Court Test

Written on May 2, 2014 at 6:00 am

Property developers infuriated by the impact of the Government’s controversial Community Infrastructure Levy (CIL) on land values will face an uphill struggle in challenging the will of local authorities following a landmark High Court decision. The CIL was introduced by the Planning Act 2008 and enables local planning authorities to raise funds from the development… Read More »

Home-Made Joint Venture Agreement Leads to Disaster

Written on April 24, 2014 at 6:00 am

Budding property developers tempted to dispense with legal assistance in drawing up contracts should take note of a High Court case in which a businessman paid a crushing price for signing his name on a ‘home-made’ joint venture agreement. Businessman A had agreed that he would provide the building expertise needed for the renovation of… Read More »

What is a ‘Construction Contract’? – Court Gives Guidance

Written on April 10, 2014 at 6:00 am

In a decision which helps to define the legal concept of a ‘construction contract’, the High Court has dismissed an attack on the jurisdiction of an adjudicator who awarded more than £800,000 to a subcontractor engaged in fabricating and installing pipe-work for a biomass combined heat and power plant. The plant was designed to provide… Read More »

No Insurance Payout for £700,000 Warehouse Fire

Written on April 7, 2014 at 6:00 am

In a warning to all that the fine print of insurance policies is well worth reading, a furniture company that suffered losses in excess of £700,000 in an arson attack on its warehouse will go uncompensated – after falling behind on payments to the firm that monitored its burglar alarm system. The High Court had… Read More »

Court Green Lights Energy from Waste Development

Written on April 1, 2014 at 6:00 am

An attempt by campaigners to stall construction of an incinerator and energy from waste facility has failed after the High Court rejected pleas that a local authority’s blunder had circumvented proper consideration of environmental issues and public participation in the planning process. The campaigners submitted that, as a result of the council’s error, developers had… Read More »

South-East Housing Shortage Triggers High Court Row

Written on March 19, 2014 at 7:00 am

The burning debate over how the south east of England’s acute need for more new homes is to be met formed the background to a High Court dispute in which a giant insurance company challenged a local authority’s refusal to allocate its strategic land-holding for housing development. Zurich Assurance Limited (Zurich) took action after Winchester… Read More »