Section 73 permissions: Conditional consent

Ashfords | Property Law Journal | June 2018 #362
Graham Cridland and Michelle Perring review a recent decision highlighting the courts’ unwillingness to imply new conditions into a planning permission ‘A requirement to imply a whole new condition into a planning permission is something the courts will not consider lightly and highlights the importance of ensuring that conditions are imposed to control the use …

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Break Clauses: Rigour not reasonableness

Christopher Morris | Property Law Journal | May 2017 #351
Christopher Morris sets out the current position on advanced payment apportionments and the law of implied contractual terms ‘The decision in M&S has had a tangible effect on property law and real estate practice.’ Just over a year on from the Supreme Court’s decision in Marks & Spencer plc v BNP Paribas Securities Services Trust …

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Permitted Development Rights: An important implication

DLA Piper UK LLP | Property Law Journal | July/August 2017 #353
Sophie Stewart discusses removing permitted development rights by condition and whether express reference to the GDPO is necessary ‘A principle of construction must be that any condition attached to a planning permission is intended to have content and purpose.’In March 2017, in the case of Dunnett Investments Ltd v Secretary of State for Communities and …

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