Source: All England Reporter
Publisher Citation: [2008] All ER (D) 35 (Dec)
Court: Court of Appeal, Civil Division

Tuckey, Carnwath and Jackson LJJ

Representation Thomas Dumont (instructed by MSP Legal Services LLP) for the claimant.
  Howard Smith (instructed by Crutes LLP) for the local authority.
Judgment Dates: 3 December 2008


Town and country planning - Permission for development - Grant of permission - Covenant imposed on claimant's site for which residential planning permission granted - Local authority granting planning permission to construction company for major residential development and subsequently refusing to discharge covenant over claimant's site - Lands tribunal finding no change of circumstances and discharging covenant - Whether tribunal erring.

The Case

Town and country planning Permission for development. Court of Appeal, Civil Division: In a case where the defendant local authority had granted to the claimant owner of land planning permission but had subsequently refused to discharge the covenant imposed on that land, the lands tribunal had been correct to discharge the covenant.

Practice Areas

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