The Sky's The Limit…

What would you do if;

1. your property development business had obtained planning permission to construct a 62 storey tower comprising 200,714 sq.m;
2. you had secured funding in principle to commence the development; BUT
3. the proposed development infringed the rights to light of 61 properties – of which 53 were maintaining their fundamental right to an injunction to prevent loss of light from the development as their primary remedy;
4. you could see a failure to meet demand for space if pre-contract orders for materials are not placed in April 2016; and
5. your investors had threatened to exit if the threat of injunctive remedies was not removed?

Answer– You could approach the Local Planning Authority to use their statutory powers to remove the block on development. The LPA's powers come from sections 227 and 237 of the Town and Country Planning Act 1990. In essence s237 states that land can be developed if it is acquired/appropriated by a local planning