Mobile Homes Act 1983 (as amended) – Refusal order – Notification of application having been made – Whether Tribunal must have received application before that notice may be given
Re Wyldecrest Parks (Management) Ltd
Re Kerai
Law of Property Act 1925, s.84 – Modification of restrictive covenant – Erection of new property to replace old – Extent of application of covenant – Whether benefits secured were practical, substantial and capable of being compensated by money
Hanbury-Tenison v Monmouthshire County Council
Compulsory purchase compensation – Relocation of livestock market – Shooting rights over land acquired for new market – Pointe Gourde principle – Comparison of acquiring authority’s position with commercial competition
Edwards v Rhondda Cynon Taff CBC
Compulsory purchase – Land Compensation Act 1961, ss.17 & 18 – Application for Certificate of Appropriate Alternative Development – Considerations relating to issue of certificate
Re Cook
Restrictive covenant – Discharge or modification – Law of Property Act 1925, s.84 – Whether covenant in favour of Vendor only survived Vendor’s death – Covenant securing practical benefit of significant value or advantage
World Society for the Protection of Animals v Welsh Ministers
Town and Country Planning – Large scale dairy unit – Balance of interest between heritage assets and economic benefits – Planning (Listed Buildings and Conservation Areas) Act 1990, s.66(1) – Irrationality of decision – Failure to give reasons
Wood v Waddington
Rights of way – Acquisition by express grant – Law of Property Act 1925, s.62 – Application to rights “enjoyed with” land prior to conveyance – Rule in Wheeldon v Burrows – Rights “necessary” for use and enjoyment of land – Reduction of width of right of way – Whether “intereference”
Wind Prospect Developments Ltd v Secretary of State for Communities and Local Government
Wind farm – Inspector’s report recommending acceptance of application and grant of planning permission – Secretary of State calling decision in – Whether his function is to make the decision or to review Inspector’s decision
Shortt v Secretary of State for Communities and Local Government
Town and Country Planning – Agricultural occupancy condition – Occupation in breach – Application for certificate of lawfulness of existing use or development – Meaning of ‘dependant’
See also [2015] EWCA Civ 1192
Powell and anor v Secretary of State for Environment Food and Rural Affairs
Public footpath – Definitive map and statement not amended following variation Order – Whether continued use of former route amounted to prescription under s.31 Highways Act 1980 – Nature of the test of use: nec vi, nec clam, nec precario