Publications

Electronic execution of documents - Law Commission consultation

17th October 2018, by Fiona Larcombe

Electronic signatures are now commonplace in many areas of our lives. When a parcel is delivered, we think nothing of 'signing' for it on the electronic device

> Download full article

Housebuilding borrowing cap to be scrapped

17th October 2018, by Robin Barnes

The Prime Minister has pledged to lift the borrowing cap on local authority housebuilding. This is big news for the development sector but details about how the new borrowing rules will work are scarce. What impact could the change make?

> Download full article

Goodbye to Pre-Commencement Conditions?

08th October 2018, by John Bosworth

Establishing whether a planning permission has been implemented, or is capable of being implemented, will always involve an analysis of any pre-commencement.

> Download full article

Fraud unravels everything? well, not quite

14th March 2018, by Michael Craik

Grosvenor wanted the adjudicator’s decision in its favour for £553,958.47 plus VAT enforced. Aygun contested enforcement on the grounds of fraudulent conduct by Grosvenor’s employees and, failing this, wanted a stay (suspension) of enforcement primarily on the basis of Grosvenor’s lack of solvency. Grosvenor London Limited v. Aygun Aluminium UK Limited [2018] EWHC 227 (TCC), 28 March 2018

> Download full article

Retail CVAS - landlords are feeling the pain

18th May 2018, by Dellah Gilbert

As we are all only too aware, many UK retailers are struggling and landlords increasingly feel they are bearing more than their fair share of the financial fall-out.

> Download full article

Landlord's consent and planning permission

18th May 2018

The Court of Appeal has held that a landlord could not protect itself against an enfranchisement claim by attempting to block the tenant's application for planning permission to change the use of part of the property to residential. Hautford Ltd v Rotrust Nominees Ltd

> Download full article

The Real eState with Peter Bill

27th February 2018

Permitted Demolition Rights are coming. Anyone brave enough to provide residential care for old folk on the same model and scale as Unite has for students? Go visit the Olympic Park and experience Docklands 1988.

> Download full article

Is planning permission as well as a Wayleave agreement needed to install telecommunications equipment?

22nd February 2018

A High Court Judge ruled on the 16th February 2018 in R (on the application of Mawbey) v Lewisham LBC that a series of radio antennae mounted on top of a building in south-east London constitutes “radio masts”. Mrs Justice Lang DBE ruled that, as such, they should not be able to benefit from the part of the General Permitted Development Order (GPDO) that allows much telecoms equipment to be erected without planning permission.

> Download full article

What does it all MEES?

12th February 2018

2018 means the arrival of "MEES". Below are ten practical top tips for landlords and property investors for understanding and preparing for the upcoming enforcement of the new minimum energy efficiency standards (MEES) which will soon land on our doorsteps.

> Download full article

Planning Alert - Warning: Inspectors Read S106 Agreements!

30th October 2017, by John Bosworth

A recent Secretary of State appeal decision underlines the importance of getting the S106 agreement right when there is a planning appeal. The decision concerned an application for a mixed use scheme including 705 residential dwellings at King George's Gate, Surbiton.

> Download full article

Planning Alert - Air Quality - increasingly a threat to development?

23rd November 2017, by John Bosworth

The High Court has recently upheld an Inspector’s decision to refuse planning permission for 140 new homes in Newington, Kent due to an identified adverse effect on Air Quality Management Areas (AQMAs).

> Download full article

Planning Alert - Development land value capture - is it back on the agenda?

23rd October 2017, by John Bosworth

The National Infrastructure Commission has recently published its first full (albeit interim) assessment “Congestion, Capacity, Carbon: Priorities for national infrastructure”.

> Download full article

Planning Alert - Light Industrial to Residential: the next chapter in permitted development

10th October 2017, by John Bosworth

Despite being enacted in April 2016 the permitted development right that allows the change of use of buildings from light industrial (use class B1(c)) to residential (use class C3) at last came into effect on 1 October 2017. This is known as the new ‘PA’ permitted development class.

> Download full article

Planning Alert - Business means Business: Limits on the Use of Residential Permitted Development Rights

02nd October 2017

The liberalisation of the planning general permitted development order which, through the prior notification process, grants permission to change the use of a building from office to dwelling house has now become an accepted part of the planning system. Its introduction was at first controversial and was resisted by many local authorities.

> Download full article

Sainsbury’s, Tesco, Co-op and others v Sykes and other valuation officers [2017] UKUT 0138 (LC)

14th June 2017

For the purposes of business rates, all business premises are divided into individual rate-paying units known (on Planet Rating) as hereditaments. Supermarket operators have long been installing ATMs (i.e. cash machines) at their supermarkets and other stores without distinguishing the ATM site from the host store for rating purposes.

> Download full article

Back to Reality – the Supreme Court reverses rates liability for developer

06th March 2017

In February 2015, there were ructions in the development world when the Court of Appeal gave judgment in the case of SJ & J Monk (a firm) v Newbigin (Valuation Officer) [2015] EWCA Civ 78. The decision confirmed that in deciding rateable value, a statutory assumption that premises are in a state of repair (unless such repairs were uneconomic) should apply to all premises, even ones in the process of being refurbished or redeveloped.

> Download full article

Mind the registration gap

25th January 2017

On 17th January 2012, Michael and Maureen Charlton, the then owners of Waterside Farm, Radstock, completed the sale of part of the farm to Martin Craggs. Unfortunately, Mr Craggs’ solicitors did not register the purchase at the Land Registry until 16th May, long after the expiry of the priority period conferred by their official search of the register.

> Download full article

October 2016 - Toxic rentcharge warning

04th October 2016

Morgoed Estates Limited and others v Lawton and others [2016] UKUT 395 (TCC) In the nineteenth century, rentcharges were popular with landowners as a way of earning additional money from the sale of land for housing. Freehold land sold to developers would be accompanied by a liability under a rentcharge to make fixed annual monetary payments in perpetuity to the original landowner.

> Download full article

Deliveroo Sales and Turnover Rents for Restaurants

28th September 2016

Some restaurants are now making up to 90% of their sales through UK food delivery services such as UberEats or JustEat. This phenomenon mirrors the rapid development in recent years around internet sales for bricks and mortar shops via “click + collect” services.

> Download full article

Mortgage Express v Lambert 2016 EWCA Civ 555

06th July 2016

In this case, Laura Lambert sold her leasehold flat in Maidstone to two fraudsters. They had bamboozled Ms Lambert into selling the flat for £30,000 when, in fact, it was worth in the region of £120,000.

> Download full article

Scroll To Top