(1) Town Quay developments Ltd (2) Maximilian Peter Stanley Hunt v Eastleigh Borough Council 2008 EWHC 1922 (Ch)

01 Jan 2018

Planning and Environment

The case concerned a situation where the developer /land owner had the benefit of a reserved right to construct a road across adjoining land belonging to the local authority. The local authority had unreasonably withheld its consent to the construction of the road.

There was an issue as to the proper construction of the reserved right, whether there should be an implied term that consent was not to be unreasonably withheld, and if so, whether in fact the Council had behaved unreasonably.

The developer was successful on all three fronts. Mary Cook appeared as specialist planning counsel with Jonathan Gaunt QC for the Claimants and was instructed by CMS Cameron McKenna. Mary had earlier secured planning consent and an award of costs against Eastleigh at a public inquiry in relation to the same site.

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