The price of darkness
Language: English Series: Building ; 274(8565) 6 February 2009, 51(1)Publication details: 2009Subject(s): Summary: 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.| Item type | Current library | Call number | Copy number | Status | Date due | Barcode | |
|---|---|---|---|---|---|---|---|
| Journal article | London Journal article | L146641 (Browse shelf(Opens below)) | 1 | Available | 146641-1001 |
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.