Unreasonable Refusal
On 12th November Etherton J. refused Eastleigh Borough Council leave to appeal against his judgment in Tower Quay Developments v. Eastleigh Borough Council [2008] EWHC Civ 1922 (Ch), in which he had held (a) that the grant of a right of way subject to the consent of the Council was impliedly subject to a term that consent was not to be unreasonably withheld and (b) that the Council had withheld consent unreasonably in circumstances where their grounds for refusal had already been investigated and rejected in an appeal against the refusal of planning permission by a planning inspector and the Secretary of State. Jonathan Gaunt QC leading Mary Cook represented Town Quay at the trial.
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