An order to replace trees ‘as reasonably practical’ was to include cost considerations, and it could be varied where the costs exceeded those expected. The mandatory order was varied. When considering what was meant by ‘reasonably practical’ ‘. . there is very little nowadays which is not physically feasible if enough money is spent. Hence in this context the phrase is apt to include financial considerations.’
Judges:
Sir Donald Nicholls VC
Citations:
Times 25-May-1994, Ind Summary 20-Jun-1994, Gazette 03-Aug-1994, [1994] 4 All E R 218, [1994] 1 WLR 1353
Cited by:
Cited – Midtown Ltd v City of London Real Property Company Ltd ChD 20-Jan-2005
Tenants occupied land next to land which was to be developed after compulsory acquisition. The tenants and the landlords asserted a right of light over the land, and sought an injunction to prevent the development. The developer denied that any . .
Cited – Calgin, Regina (on the Application of) v London Borough of Enfield Admn 29-Jul-2005
The claimant complained that having applied for housing in the borough they had in fact housed him outside the borough.
Held: The authority had a duty to house the applicant so far it was reasonably practicable within its borders. The policy . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Land, Environment
Updated: 09 April 2022; Ref: scu.82627