In-house Legal Bulletin - September 2016

S73 Applications and consents granted under a Development Order

A recent decision of the High Court in Pressland v The Council of the London Borough of Hammersmith and Fulham [2016] EWHC 1763 (Admin) has held that an application made under S73 of the Town and Country Planning Act 1990 ("TCPA 1990") may be made to develop land without compliance with conditions attached to a permission granted by a development order.

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Winner's costs disallowed for unreasonable behaviour

In Cooper and another v Thameside Construction Company Ltd [2016] EWHC 1694, the High Court disallowed a successful party from being awarded all of its costs because of the unreasonable manner in which it had conducted the claim.

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Checking for overriding interests

Overriding interests are interests that are not registered at the Land Registry, but which still bind a party who acquires land that is subject to that interest.

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