Podcast Location:
Download it here [file size: 26.1 MB]
Categories:
Planning
Property Litigation
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at those interested in how section 237 of the Town and Country Planning Act 1990 can be used to facilitate development following the case of "Heaney". The podcast will explain how “Heaney” will affect any developments which would infringe rights of light and will provide guidance on how best to use section 237 to authorise infringement of rights.

Outcomes:
After completing the course you will:
  • Understand how the Heaney case has affected those wishing to develop land which would infringe rights of light;
  • Understand how section 237 TCPA 1990 can be used by land developers to authorise infringement of rights;
  • Know how section 237 is engaged;
  • Know how compensation will be measured;
  • Be aware of the issues which might arise when considering the use of section 237;
  • Know how to challenge a decision to acquire or appropriate.
Level:
Specialist Difficulty: 5 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Compulsory Purchase Act 1965;
  • Dowty Boulton Paul v. Wolverhampton Corporation [1976] 1 Ch 13;
  • HKRUK II (CHC) Limited v. Heaney [2010] EWHC 2245 (Ch);
  • Lands Clauses Consolidation Act 1845;
  • Local Government Act 1972;
  • Midtown Property Company Limited v. City of London Real Property Company Limited [2005] EWHC 33 (Ch);
  • Planning (Listed Buildings and Conservation Areas) Act 1990;
  • R v. City of London Corporation and Royal Mutual Insurance Society ex parte Mystery of the Barbers (1997) 73 P & CR 59;
  • R v. Leeds City Council ex parte Leeds Industrial;
  • Co-operative Society Limited (1997) 73 P & CR 70 ;
  • Town Country Planning Act 1990;
  • Ward v. Wychavon DC [1986] 2 EGLR 205 Shelfer v City of London Electric. Lighting Company [1895] 1 Ch 287.
Tags:

Whether or not the judgment in HKRUK II (CHC) Limited v. Heaney [2010] EWHC 2245 (Ch) represents any change of direction in the law, it has certainly had an effect on those wishing to develop land in a way which would infringe rights of light. The developer who wishes to avoid the threat of an injunction has come to see section 237 of the Town and Country Planning Act 1990 as the solution to his problems.

Although section 237 authorises infringements of rights in relation to land which is or has been held by a local authority, it is often those who wish to develop land, and those who fund such development, who are most interested in the authorisation which it can confer.

In this podcast Neil Cameron QC from Landmark Chambers will consider how use can be made of section 237 to facilitate development.

Podcast added: 21/07/114

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