Andrew Wallis Freelance
Stories by this contributor.
21 March 2003
A classless Chelsea? Dano v Earl Cadogan and others High Court, 21 February 2003 Dano bought a pub site in Chelsea. The land had originally been part of the Cadogan family estate.The Cadogan trust had sold it to the local authority in 1929 but imposed a covenant restricting its use to 'the housing of the working classes'.Having obtained planning permission to demolish the pub and build four private houses, Dano applied for a declaration that the land was free of
28 February 2003
Hedge row Conwy County Borough Council v Lloyd High Court, 3 February 2003Mr Lloyd was prosecuted for removing 100 metres of hedgerow from his land, contrary to The Hedgerow Regulations 1997.Subject to certain exceptions, owners are required to notify the local planning authority if they intend to remove protected hedgerow.The planning authority then has a period in which it can serve a retention notice that prohibits the work from being carried out.Mr Llo
7 February 2003
Too far removed Raja v Austin Gray, Court of Appeal, 19 December 2002 The Court of Appeal has overturned a ruling which had allowed Mr Raja's estate to continue proceedings against estate agent Austin Gray.Mr Raja maintained that his properties had been sold at undervalue based on Austin Gray's allegedly negligent valuations (legal + professional, 11 October 2002, p55).Although Mr Raja owned the properties, he had no direct relationship with A
7 December 2001
South Buckinghamshire District Council v Porter – Court of Appeal, 12 October 2001This a council's entitlement to an injunction under section 187b of the Town and Country Planning Act 1990 that requires gypsies to move from land they occupied in breach of planning control. The court said that by virtue of the Human Rights Act 1998 it was obliged to adopt a balanced approach, considering questions of hardship to the defendant against the need to enforce planning restrictions.
16 November 2001
Gilje and others v Chalgrove Securities – Court of Appeal 4 October 2001 One of six flats was used as a caretaker's flat. The leases of the other flats required the landlord to provide services, including 'a resident housekeeper or porter' and enabled the landlord to recover from the tenants a proportion of 'moneys expended' by the landlord in providing the services. The Court of Appeal held that the notional loss of rent was not 'money expended' within the meaning of the tenant
26 October 2001
Everett v Secretary of State for the Environment Transport and the Regions and Another. High Court – 3 September 2001The claimant constructed buildings without planning permission for use as 'work studios and storage'. Temporary planning permission was granted subject to conditions as to demolition and non-residential use. The premises were nevertheless used for residential purposes and the claimant applied for a certificate of lawful use. That application was refused and an
5 October 2001
Speedwell Estates Ltd v Dalziel and others – Court of Appeal 31 July 2001Notices served by three tenants to acquire the freehold of their houses under the Leasehold Reform Act 1967 did not comply with the statutory requirements. The court held that the Mannai principle (minor defects in a break notice do not necessarily invalidate the notice if a reasonable recipient with knowledge of the relevant facts would not be misled) could not save statutory notices that omitted essenti
9 February 2001
Is a covenant to keep 'in good condition and repair' more onerous than one simply to repair?