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The Interaction Between Commercial Property Contracts and Planning

Article contributed by Wilson Horne, Barrister, Kings Chambers   The seller’s refusal to validate planning applications did not breach the terms of a conditional sale agreement.    A High Court claim called Mullberry Homes Ltd v The Council of the Borough of Barrow-in-Furness [2023] EWHC 38 (TCC)¸which was tried by HHJ Cawson KC    Bailii link:  https://www.bailii.org/ew/cases/EWHC/TCC/2023/38.html    Summary   The Council successfully contended that it was entitled to determine a conditional sale contract for the sale of 2 development…

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