Law of Property Act 1925, s.84 – Restrictive covenant – Modification or discharge – Whether practical benefits capable of being compensated in money – Whether changes in neighbourhood render covenant obsolete
Duffield & Duffield
R (Winchester CC) v Secretary of State for Communities and Local Government and anor
Town and Country Planning (Use Classes) Order 1987 – Classes B1 and B2 – Definition of “industrial process” – Certificate of lawful use – Whether processes incidental to the making of an article required to be carried on at the same planning unit as the making itself
South Cambridgeshire District Council v Secretary of State for Communities and Local Government and Brown
Planning and Compulsory Purchase Act 2004, s.38(6) – “Material considerations” – Conduct of Inspector – Procedural requirements of fairness
Shirley and others v Crabtree
Agricultural Holdings Act 1986, Part IV (Ss.50 & 53) – Succession on retirement – Principal source of livelihood – Proper date on which seven-year period should be taken as ending
On appeal from [2006] ALT/M/SR/5
R (Satnam Millennium Ltd) v Warrington Borough Council
Town and Country Planning – Green Belt: PPG2 – Alteration to extent – Requirement for exceptional circumstances – Whether amendment to general boundaries defined in structure plan amounts to ‘alteration’ or is a mere definitive establishment
Rhodia International Holdings Ltd and anor v Huntsman International Plc
‘Best endeavours’ – ‘Reasonable endeavours’ – Difference of meaning
Neal Soil Suppliers Ltd v Environment Agency
Environmental Protection Act 1990, ss33(1) & 59(1) – Modification of notice requiring removal of contaminated waste – Bases of decision on application to modify
Housden v The Conservators of Wimbledon and Putney Commons
Prescription – Prescription Act 1832, ss.2 & 3 – Wimbledon and Putney Commons Act 1871 – Whether grant of easement ultra vires that Act – Whether competent grantor is required for prescriptive easement to be acquired
See now CA [2008] EWCA Civ 200
R (East Hertfordshire DC) v First Secretary of State
Town and Country Planning Act 1990, Ss.171B and 174 – ‘Second bite provision’ – Cause of action estoppel – Special circumstances justifying exception from application of doctrine
R (Davies) v Agricultural Land Tribunal and Philipps & Philipps
Certificate of bad husbandry – Agriculture Act 1947, s.11 – Agricultural Holdings Act 1986, Sch.3, Part I, Case C – Standard of conduct falling short of compliance with Rules of Good Husbandry – Necessity of considering standard of production on the entire holding
On appeal from [2006] ALT 6209