Marc Glover, leading Katie Gray, successfully represented the developer of a £70 million development located in Sheffield in Chancery Division proceedings in which the owners of neighbouring land failed to obtain injunctive relief to restrain alleged acts of trespass by oversailing tower cranes and working platforms on the development site.
The development, which was described by the Deputy Prime Minister as “an outstanding chance to move our City forward and build on our strong business relationship with China" will see the construction of 500 student flats, together with retail outlets, leisure facilities and serviced office space designed to attract Chinese businesses to the north of England.
The proceedings by the neighbouring land owner threatened to significantly disrupt and delay the development, leading to potential losses of millions of pounds. On behalf of the developers, Marc Glover argued that there could be no trespass to airspace above a zone of reasonable user of the neighbouring land.
The Judge of the High Court held that the development would perform an important social and commercial function. The application was dismissed, and the developers obtained a substantial award of costs against the neighbouring land owner.
A link to the development can be found here: http://www.ned-uk.com