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14 August 2015 / Dilpreet K Dhanoa , Andrew Francis
Issue: 7665 / Categories: Features , Property
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Putting the lights out

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How can developers override private rights of light under s 237 of the Town & Country Planning Act 1990, ask Andrew Francis & Dilpreet K Dhanoa

The world of building development seems to have emerged from the depression caused by the 2008 financial crisis into the broad and sunlit uplands of activity. But, a major inhibition on development can be the presence of private rights asserted against the development site. These can be hard to overcome, and the price to release them and the cost of delay while terms are negotiated may be unacceptable. These rights will include private rights of way, rights of light and restrictive covenants. The first two are more problematic than the third, because the third will usually be within the jurisdiction to discharge, or modify covenants under s 84(1) of the Law of Property Act 1925 conferred on the Upper Tribunal (Lands Chamber) (UTLC). There is no jurisdiction to discharge, or modify easements. The proposals in the Law Commission’s Report and Draft Bill on the reform of easements,

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
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