Legal
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Campaigners vow to fight on after fracking defeat
The Planning Court has upheld the first planning permission granted in England for full fracking operations, but local campaigners and Friends of the Earth have vowed to continue to fight…
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Practical realities enough for very special circumstances
Holder v Gedling Borough Council confirms that mitigation only partially offsetting green belt harm may still be weighed in the balance as part of the very special circumstances for schemes…
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Countryside policies are no comfort blanket
In Borough of Telford and Wrekin v Secretary of State for Communities and Local Government, Lang J refused to quash the grant of planning permission on appeal under section 288…
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Common sense defeats NPPF presumption and Local Plan challenges
In Barker Mill Estates (Trustees of) v Test Valley Borough Council, Holgate J rejected combined challenges to an adopted Local Plan under section 113 of the Planning and Compulsory Purchase…
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Judge rules in row over Marylebone mansions gym development
Plans for a subterranean gym to serve Victorian mansions in Marylebone have suffered a blow, after a judge allowed a judicial review challenge from the occupiers of one block.
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Castle owner triumphs in barn conversion attack
The owner of a medieval castle in Wingfield, Suffolk, has succeeded in his judicial review claim that the local authority was wrong to approve a barn conversion next door.
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Baker and another v Craggs
Sale of land, Right of way
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Baker and another v Craggs
Sale of land – Right of way – Actual occupation – Overreaching – Owners of land first selling land to defendant then granting right of way over it in favour…
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Elmfield Road Ltd v Trillium (Prime) Property GP Ltd
Landlord and tenant, Rent review
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Elmfield Road Ltd v Trillium (Prime) Property GP Ltd
Landlord and tenant – Commercial lease – Rent review clause – Construction – Parties seeking determination of proper interpretation of rent review clause providing for review of rent by reference…
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Leading lights share their 2016 highlights and 2017 hopes
LISTEN: Some of the leading figures in property law spoke to EG at its annual legal dinner about their highlights of 2016 and what they are most looking forward to…
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Munday and another v Crown Estate Commissioners
Restrictive covenants, Costs