Trump International Golf Club Scotland Ltd v The Scottish Ministers [2015] UKSC 74

Section 73 permissions: Conditional consent

Graham Cridland and Michelle Perring review a recent decision highlighting the courts’ unwillingness to imply new conditions into a planning permission ‘A requirement to imply a whole new condition into a planning permission is something the courts will not consider lightly and highlights the importance of ensuring that conditions are imposed to control the use …

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Break Clauses: Rigour not reasonableness

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Christopher Morris sets out the current position on advanced payment apportionments and the law of implied contractual terms ‘The decision in M&S has had a tangible effect on property law and real estate practice.’ Just over a year on from the Supreme Court’s decision in Marks & Spencer plc v BNP Paribas Securities Services Trust …

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Permitted Development Rights: An important implication

Sophie Stewart discusses removing permitted development rights by condition and whether express reference to the GDPO is necessary ‘A principle of construction must be that any condition attached to a planning permission is intended to have content and purpose.’In March 2017, in the case of Dunnett Investments Ltd v Secretary of State for Communities and …

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