Variation of Maintenance Burdens
Following two recent cases decided in the Lands Tribunal for Scotland, it may be possible to have the maintenance burdens affecting your property varied to make them more equitable. Is the variation reasonable?The Lands Tribunal has wide powers to vary title conditions. The Title Conditions (Scotland) Act 2003 allows one quarter of the owners in a community, such as a tenement…
Protective Expenses Orders in environmental decisions
In the recent case of The Newton Mearns Residents Flood Prevention Group for Cheviot Drive v East Renfrewshire Council*, the petitioners for judicial review applied for a protective expenses order (PEO). The petitioners sought reduction of the Council’s decisions to grant planning permission for a housing development and to confirm that a planning condition regarding drainage a…
The trouble with car parks
Parking in towns and cities can be difficult, and expensive. This sentiment represents the experience of commuters who battle daily to find a suitable space for their vehicle. Having found a space, perhaps in a multi-storey car-park, commuters will give little thought to the question of the robustness of the design and construction of that structure. However, this question is o…
More mixed messages
The renewables sector received another mixed message last Monday, with RWE’s successful application for judicial review of Milton Keynes Council’s wind turbine buffer zone policy: R(RWE Npower Renewables Limited) v (1) Milton Keynes Council [2013] EWHC 751 (Admin). The application succeeded on a single ground, which was that the Council’s Supplementary Planning Document (SPD) …
I do like to be beside the seaside - Court of Appeal overturns a ruling and allows common land registration at the foreshore
On 27 March 2013 in the case of R (Newhaven Port and Properties Ltd) v East Sussex County Council and another [2013] EWCA Civ 276 the Court of Appeal overturned a decision of the High Court and held that a tidal beach was capable of being registered as a town or village green under the Commons Act 2006. The port authority who owned the foreshore argued that registration under …
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