The price of darkness
Tolson, Simon
The price of darkness - 2009 - Building 274(8565) 6 February 2009, 51(1) .
Article looks at recent right to light cases in the courts and advises practitioners to be aware of private rights and to factor them in to development plans from an early stage. Mentions that damages are meant to be compensatory as opposed to punitive and suggests that the courts will generally be capable of determining between petitioners who are genuinely concerned about the effects of new developments and those who are simply seeking increased material returns for inconvenience that may, in reality, be fairly minimal. Mentions that compensation by damages is only meant to be exercised in exceptional circumstances and states that the burden of proving why it is appropriate to pay 'buy out' damages falls upon the developer to prove.
FORSYTH-GRANT V ALLEN
TAMARES (VINCENT SQUARE) LTD V FAIRPOINT PROPERTIES (VINCENT SQUARE) LTD
WROTHAM PARK ESTATE CO LTD V PARKSIDE HOMES LTD
England and Wales--1543-
The price of darkness - 2009 - Building 274(8565) 6 February 2009, 51(1) .
Article looks at recent right to light cases in the courts and advises practitioners to be aware of private rights and to factor them in to development plans from an early stage. Mentions that damages are meant to be compensatory as opposed to punitive and suggests that the courts will generally be capable of determining between petitioners who are genuinely concerned about the effects of new developments and those who are simply seeking increased material returns for inconvenience that may, in reality, be fairly minimal. Mentions that compensation by damages is only meant to be exercised in exceptional circumstances and states that the burden of proving why it is appropriate to pay 'buy out' damages falls upon the developer to prove.
FORSYTH-GRANT V ALLEN
TAMARES (VINCENT SQUARE) LTD V FAIRPOINT PROPERTIES (VINCENT SQUARE) LTD
WROTHAM PARK ESTATE CO LTD V PARKSIDE HOMES LTD
England and Wales--1543-