000 01443cab a22002295a 4500
001 L146641
008 090210e20090206xxka f g 000 0 eng d
035 _a(Sirsi) u146641
041 0 _aeng
100 1 _aTolson, Simon
245 0 4 _aThe price of darkness
260 _c2009
490 _aBuilding
_v274(8565) 6 February 2009, 51(1)
520 _aArticle looks at recent right to light cases in the courts and advises practitioners to be aware of private rights and to factor them in to development plans from an early stage. Mentions that damages are meant to be compensatory as opposed to punitive and suggests that the courts will generally be capable of determining between petitioners who are genuinely concerned about the effects of new developments and those who are simply seeking increased material returns for inconvenience that may, in reality, be fairly minimal. Mentions that compensation by damages is only meant to be exercised in exceptional circumstances and states that the burden of proving why it is appropriate to pay 'buy out' damages falls upon the developer to prove.
590 _aKA
650 2 4 _aFORSYTH-GRANT V ALLEN
650 2 4 _aTAMARES (VINCENT SQUARE) LTD V FAIRPOINT PROPERTIES (VINCENT SQUARE) LTD
650 2 4 _aWROTHAM PARK ESTATE CO LTD V PARKSIDE HOMES LTD
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-PROPERTY MANAGEMENT-EASEMENTS-RIGHTS TO LIGHT DETERMINATION
942 _n0
999 _c81218
_d81218