Researching extensive case law is beyond the scope of this site
and a barrister will charge £300 per hour for it. We do quote case law when it
readily rolls from our memory.
In addition, the legal resource used by solicitors and barristers
to access such information costs upwards of £10,000 per annum.
Let me give you an analogy.
I want to build a house on a major dual carriageway.
The local authority will not let me have it because they will not
have me coming out of my drive onto a road where cars are flying past at 70
So I say, that's not a problem, I can access from a side road
around the back over a field which I don't own.
The local authority are not going to say "okay go ahead then" if
they know that I am never ever going to get the access that I need.
I think the conditional planning consent subjected to the
easement is the way to go.
If the developer is going to get the easement then it won't
presenting with a problem because he cannot access the land until he has the
easement in any event!