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Commercial Property News

Row over ‘Community Value’ of East End Pub

Written on November 19, 2013 at 11:45 am

In what is believed to be the first case of its kind, the First-Tier Tribunal has ruled that a local authority was entitled to use its power under the Localism Act 2011 to impose a moratorium on the sale of a historic east end pub, the owner of which planned to develop it into flats.… Read More »

High Speed Rail Link Objectors Head to Supreme Court

Written on July 25, 2013 at 11:00 am

Objectors to the government’s controversial plans for a multi-billion-pound high speed rail link slashing travel times between London and Birmingham, Manchester and Leeds today failed in their latest legal challenge to the proposals. However, they have been granted permission to argue environmental issues raised by the case before the Supreme Court. The Court of Appeal… Read More »

New School Plans Overcome Restrictive Covenant

Written on July 23, 2013 at 7:44 am

In a decision which will assist in the interpretation of restrictive covenants, the Court of Appeal has ruled that construction of a new school on playing fields was not precluded by an 82-year-old conveyance which forbade uses of the land which might cause nuisance or annoyance to neighbouring property owners. Objectors to the plans had… Read More »

‘Britain’s Biggest Mosque’ Plans in Jeopardy

Written on May 24, 2013 at 1:30 pm

Controversial plans to build Britain’s biggest mosque in east London have been put in jeopardy by a High Court injunction requiring cessation of the site’s use for religious worship. The London Borough of Newham successfully argued that the site had a history of repeated breaches of planning control and that the Islamic charitable trust that… Read More »

Threat to Manchester Ship Canal Land Values Lifted

Written on May 17, 2013 at 1:34 pm

A threat to land values along the course of the Manchester Ship Canal has been lifted by a Court of Appeal ruling that sluices that have regulated the waterway’s flow for more than a century were wrongly classified as formal flood defences by the Environment Agency (EA). The EA’s decision to place substantial tracts of… Read More »

‘Energy from Waste’ Plant Overcomes Habitat Objections

Written on May 3, 2013 at 6:34 am

Despite concerns being raised in respect of flood risks, pollution and the potential impact on colonies of rare bats, newts and butterflies, the High Court has opened the way for development of a huge ‘energy from waste’ facility to serve the needs of all Buckinghamshire’s 500,000 residents. In July 2012 Buckinghamshire County Council granted planning… Read More »

Watercress Farm Development Receives Go-Ahead

Written on April 26, 2013 at 7:24 am

An attempt by an environmental campaigner to overturn planning permission granted for substantial structural improvements to a watercress farm has failed after the High Court rejected arguments that planners misunderstood and misapplied their powers, creating an opportunity for intensification of commercial activities on the site. The local authority had granted consent for major changes to… Read More »

Property Investor Deceit Victim Awarded £1.4 Million

Written on April 25, 2013 at 1:26 pm

A property investor has won £1.4 million damages after he was inveigled by dishonest means into participation in a land deal which went bad. Two companies and three of their directors were found to have committed the tort of deceit in deliberately failing to inform the investor of the transaction’s true structure. The Russian businessman,… Read More »

Council Must Pay Following ‘Unsafe’ Pier Closure

Written on April 22, 2013 at 2:29 pm

The assignee of the former tenant and operator of a bingo hall and amusement arcade on Hastings Pier is entitled to compensation after the pier was closed to the public amidst concerns in respect of its structural integrity. The High Court ruled that damages were payable after Hastings Borough Council exercised its closure powers under… Read More »

‘Project Splitting’ Threat to Environmental Assessment Rules

Written on April 22, 2013 at 10:37 am

The Court of Appeal has warned local planning authorities to be alert to the danger that the requirement to carry out environmental impact assessments when considering planning applications for industrial developments over one hectare in size may be subverted by splitting projects onto separate sites each of which fall below the geographical threshold. However, in… Read More »