Published: 2 April 2005
An English developer has won a share in a property’s value increase as a result of getting a planning consent, without having any title to the property.
After the developer got the consent, the property owner decided not to sell except on new terms. The developer sued to compensate for time & effort and won half the value increase.
European law firm CMS Cameron McKenna reported on the case of Cobbe (the developer) versus Yeomans Row Management (the owner) in its latest newsletter. It said the court decision in favour of the developer was based on a proprietary estoppel. The parties had agreed basic terms but hadn’t signed an enforceable contract.
CMS Cameron McKenna is also advising the National Australia Bank on disposal of European assets.
Website: CMS Cameron McKenna