Spoiling for a site
Lanaghan, K
Spoiling for a site - 2001 - Estates Gazette (0132) 11 August 2001, 84(1) .
Two recent cases show that developers should proceed with caution if a council is selling land at a bargain price. In "R v Hackney LBC ex p Structadene Ltd", Structadene had the council's contract set aside after the council rejected Structadene's higher bid in favour of the small businesses already on the site: Structadene argued that the council were in breach of their statutory duty to obtain the best price. But in "R (Lidl (UK) GmbH) v Swale BC" the court decided that Lidl's action was a 'spoiling tactic' intended to prevent its rival, Aldi, from acquiring land in an area where Lidl wished to trade.
R V HACKNEY LBC EX P STRUCTADENE LTD
LIDL (UK) GMBH V SWALE BC
STATUTORY DUTY
BEST PRICE
PLANNING PROCESS
Spoiling for a site - 2001 - Estates Gazette (0132) 11 August 2001, 84(1) .
Two recent cases show that developers should proceed with caution if a council is selling land at a bargain price. In "R v Hackney LBC ex p Structadene Ltd", Structadene had the council's contract set aside after the council rejected Structadene's higher bid in favour of the small businesses already on the site: Structadene argued that the council were in breach of their statutory duty to obtain the best price. But in "R (Lidl (UK) GmbH) v Swale BC" the court decided that Lidl's action was a 'spoiling tactic' intended to prevent its rival, Aldi, from acquiring land in an area where Lidl wished to trade.
R V HACKNEY LBC EX P STRUCTADENE LTD
LIDL (UK) GMBH V SWALE BC
STATUTORY DUTY
BEST PRICE
PLANNING PROCESS