Lords refuse permission in Cube rights to light appeal

The House of Lords has unfortunately just refused permission to appeal in two cases which I had been following for Estates Gazette.

Of most interest was the case of Salvage Wharf Ltd and another v G&S Brough Ltd in which Alan Chatham's and Mark Billingham's Birmingham Development Company lost a rights to light dispute with a former neighbour of the Cube - the mixed-use extension to Birmingham's Mailbox [photo left].

The Court of Appeal and High Court made interesting rulings regarding the extent to which rights to light that affect the 500,000 sq ft Ken Shuttleworth-designed building had been extinguished by a prior agreement.

The second case is Isle of Anglesey County Council and another v Welsh Ministries and others which concerned a spanking new £17m marina planned for Anglesey.

The High Court and the Court of Appeal backed the argument of local fishermen that the scheme, proposed by the Crown Estate and Anglesey Council, was unlawful and would damage mussel beds in the area.

If you are a subscriber to EGi the law reports of the Court of Appeal decisions can be read here and here

Photo by Daniel Morris via Flickr