Factorset Ltd v Selby DC
Factorset Ltd v Selby DC
- 1995
- Estates Gazette (1995) 40 EG 133-138(6) .
LT 20 January 1995. The plaintiff (F) purchased a site with the benefit of a conditional planning permission. Soon afterwards the defendant (S) placed a preservation order on a tree that stood on one of two building plots. F applied to lop the tree - allowed by the SoS Environment after refusal by S, who had since agreed to a revised site plan and pruning of the tree. F claimed compensation for interest charges, contending that the preservation order and resulting refusal of consent had delayed construction work. Compensation awarded, applying doctrine of "Hadley v Baxendale" - S being fully aware that their actions would give rise to losses as claimed.
COMPENSATION
CONDITIONAL PLANNING PERMISSION
DELAY
FUNDING COSTS
HADLEY V BAXENDALE
PROFESSIONAL FEES
TREE PRESERVATION ORDER
LT 20 January 1995. The plaintiff (F) purchased a site with the benefit of a conditional planning permission. Soon afterwards the defendant (S) placed a preservation order on a tree that stood on one of two building plots. F applied to lop the tree - allowed by the SoS Environment after refusal by S, who had since agreed to a revised site plan and pruning of the tree. F claimed compensation for interest charges, contending that the preservation order and resulting refusal of consent had delayed construction work. Compensation awarded, applying doctrine of "Hadley v Baxendale" - S being fully aware that their actions would give rise to losses as claimed.
COMPENSATION
CONDITIONAL PLANNING PERMISSION
DELAY
FUNDING COSTS
HADLEY V BAXENDALE
PROFESSIONAL FEES
TREE PRESERVATION ORDER