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The "exclusivity principle" in a planning context
  • Herbert Smith Freehills LLP
  • United Kingdom
  • January 27 2011

The Court of Appeal has held that the service of a breach of planning condition notice is a "purely public" act, so the correct way of challenging such a notice is by way of judicial review proceedings

Blyth Valley Borough Council v Persimmon Homes (North East) Ltd & ors 2008 EWCA Civ 861 (29 July 2008)
  • Mills & Reeve LLP
  • United Kingdom
  • November 10 2008

Blyth Valley appealed against a ruling that quashed its bid to introduce a 30 per cent affordable housing policy

Case law update
  • Mills & Reeve LLP
  • United Kingdom
  • July 31 2008

Blyth Valley Borough Council had adopted a 30 per cent affordable housing policy for all new developments in the borough providing ten or more homes

Restrictive covenants: can a local authority enforce a covenant preventing development for which it has granted planning permission?
  • Wragge Lawrence Graham & Co LLP
  • United Kingdom
  • April 25 2008

A transfer of land in 2000 between Easington District Council and a private individual contained a covenant not to use the property other than as a coach depot and associated bungalow for residential use

Court declares guidance on affordable housing planning obligations and VBC unlawful
  • Bond Dickinson LLP
  • United Kingdom
  • August 4 2015

The High Court has ruled that the planning policy to exempt small developments from affordable housing contributions and the vacant building credit

A summary of major developments in key areas - General Counsel update - May 2014
  • Herbert Smith Freehills LLP
  • Australia, European Union, Germany, United Kingdom
  • May 23 2014

Scottish independence referendum - The referendum will take place on 18 September 2014. Scottish independence raises many complex legal and political

Waiting for change: the current state of heritable security law in Scotland
  • Shepherd & Wedderburn LLP
  • United Kingdom
  • August 31 2011

The Supreme Court decision in RBS v Wilson in November 2010 overruled long-established procedures used by secured lenders in repossession proceedings in respect of secured properties by ruling that a calling-up notice was necessary in every case where a heritable creditor wishes to remove the defaulting borrower from the secured property

The Court of Appeal limits the presumption of undue influence
  • Kingsley Napley
  • United Kingdom
  • June 27 2014

If, in a contract, undue influence is proved, the contract is voidable by the innocent party. There are two potential pathways to a decision: actual

"Back-to-back" agreements
  • Cobbetts LLP
  • United Kingdom
  • February 19 2007

The use of so-called “back-to-back” agreements by local planning authorities seeking to enter into legally binding arrangements with development partners has been given the all clear by a recent decision of the House of Lords

Town and village greens: recent significant cases for landowners
  • Mills & Reeve LLP
  • United Kingdom
  • February 3 2011

Land can be registered as a new town or village green (TVG) "if for not less than twenty years a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, have indulged in lawful sports and pastimes on it as of right"