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4 Mar 2019

Nuisance by overlooking?

By Tom Mills In a much-anticipated case involving the Tate Modern gallery and several high-value neighbouring apartments in Southwark, the High Court has given its view on whether an invasion of privacy can cause a common law nuisance. The Neo Ban... Read more
4 Mar 2019

Nuisance by overlooking?

By Tom Mills In a much-anticipated case involving the Tate Modern gallery and several high-value neighbouring apartments in Southwark, the High Court has given its view on whether an invasion of privacy can cause a common law nuisance. The Neo Ban... Read more
25 Feb 2019

The Rosewell Review - what does this mean for planning appeal inquiries?

By Robin Barnes Anyone who's had the misfortune to appeal a planning decision will be aware just how long the process takes. The average time taken for aninspector-decided case is 47 weeks, with those cases decided by theSecretary of State (SoS) taking ev... Read more
25 Feb 2019

The Rosewell Review - what does this mean for planning appeal inquiries?

By Robin Barnes Anyone who's had the misfortune to appeal a planning decision will be aware just how long the process takes. The average time taken for aninspector-decided case is 47 weeks, with those cases decided by theSecretary of State (SoS) taking ev... Read more
18 Jan 2019

CIL Reform - open for consultation

By Robin Barnes On 20 December 2018 the Government opened their public consultation on reform to the Community Infrastructure Levy (CIL) regulations. The consultation can be found here. CIL is a flat rate charge that local authorities may choose to set... Read more
18 Jan 2019

CIL Reform - open for consultation

By Robin Barnes On 20 December 2018 the Government opened their public consultation on reform to the Community Infrastructure Levy (CIL) regulations. The consultation can be found here. CIL is a flat rate charge that local authorities may choose to set... Read more
11 Jan 2019

The principles of selection for Listed Buildings - how have they changed?

By Robin Barnes Under Section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990, the Secretary of State (SoS) is compelled to compile or approve a list of buildings which meet the criteria of "special architectural or historic interest"... Read more
11 Jan 2019

The principles of selection for Listed Buildings - how have they changed?

By Robin Barnes Under Section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990, the Secretary of State (SoS) is compelled to compile or approve a list of buildings which meet the criteria of "special architectural or historic interest"... Read more
13 Dec 2018

Service Charges in Commercial Property – the new RICS Professional Statement

By Fiona Larcombe In contrast to the residential sector, commercial property service charges are fairly lightly regulated.  Threats of legislation have been kept at bay by a series of voluntary Codes of Practice. The latest version was published by the ... Read more
13 Dec 2018

Service Charges in Commercial Property – the new RICS Professional Statement

By Fiona Larcombe In contrast to the residential sector, commercial property service charges are fairly lightly regulated.  Threats of legislation have been kept at bay by a series of voluntary Codes of Practice. The latest version was published by the ... Read more
13 Dec 2018

Electronic Communications Code - one year on

By Fiona Larcombe Nearly a year after the new Electronic Communications Code (the °Code) came into force, the property industry is still working out how some of its provisions will apply in practice. The government's aim of improving connectivity is in dan... Read more
13 Dec 2018

Electronic Communications Code - one year on

By Fiona Larcombe Nearly a year after the new Electronic Communications Code (the °Code) came into force, the property industry is still working out how some of its provisions will apply in practice. The government's aim of improving connectivity is in dan... Read more
5 Dec 2018

Redevelopment balance shifts in tenant's favour

The judgment of the Supreme Court today in 5 Franses Ltd v The Cavendish Hotel (London) Ltd [2018] UKSC 62, will significantly impact on a landlord's ability to oppose its tenant's right to a new business tenancy on the grounds of redevelo... Read more
5 Dec 2018

Redevelopment balance shifts in tenant's favour

The judgment of the Supreme Court today in 5 Franses Ltd v The Cavendish Hotel (London) Ltd [2018] UKSC 62, will significantly impact on a landlord's ability to oppose its tenant's right to a new business tenancy on the grounds of redevelo... Read more
19 Nov 2018

Right to light wins again in West London

By Robin Barnes Chelsea Football Club's attempts to extend their stadium have so far been scuppered due to rights of light issues. Another case in West London has underlined the importance of rights to light and planning applications. This time the lesson... Read more
19 Nov 2018

Right to light wins again in West London

By Robin Barnes Chelsea Football Club's attempts to extend their stadium have so far been scuppered due to rights of light issues. Another case in West London has underlined the importance of rights to light and planning applications. This time the lesson... Read more
2 Nov 2018

Budget 2018 and Development

By Robin Barnes Legal Alert Budget 2018 and development While the focus of the Chancellor's speech was predominantly on convincing us that austerity is over, developers will have been watching the Autumn budget with interest. This year's speech... Read more
2 Nov 2018

Budget 2018 and Development

By Robin Barnes Legal Alert Budget 2018 and development While the focus of the Chancellor's speech was predominantly on convincing us that austerity is over, developers will have been watching the Autumn budget with interest. This year's speech... Read more
1 Nov 2018

The Court of Appeal makes a landmark decision with ramifications for 'called in' schemes

By Robin Barnes A recent Court of Appeal judgment regarding the Secretary of State's ("SoS") decision not to 'call-in' the 'Paddington Cube' application considers whether the SoS is under a duty to provide reasons for his decisions. The judgment will have... Read more
1 Nov 2018

The Court of Appeal makes a landmark decision with ramifications for 'called in' schemes

By Robin Barnes A recent Court of Appeal judgment regarding the Secretary of State's ("SoS") decision not to 'call-in' the 'Paddington Cube' application considers whether the SoS is under a duty to provide reasons for his decisions. The judgment will have... Read more
25 Oct 2018

Development opportunities as council overestimates Housing Land Supply

By Robin Barnes An appeal to the Planning Inspectorate hit the headlines recently, when it granted planning permission contrary to the decision of a local authority which believed it had a 5+ year Housing Land Supply ("HLS"). The decision has important im... Read more
25 Oct 2018

Development opportunities as council overestimates Housing Land Supply

By Robin Barnes An appeal to the Planning Inspectorate hit the headlines recently, when it granted planning permission contrary to the decision of a local authority which believed it had a 5+ year Housing Land Supply ("HLS"). The decision has important im... Read more
22 Oct 2018

Supreme Court confirms Student Accommodation in HMOs need not meet minimum size regulations

By Robin Barnes A Supreme Court judgment given on 10 October 2018 will be welcome news to those who own or manage houses in multiple occupation ("HMOs")w, hich held that bedrooms that do not meet an authority's minimum size regulations can still be let to... Read more
22 Oct 2018

Supreme Court confirms Student Accommodation in HMOs need not meet minimum size regulations

By Robin Barnes A Supreme Court judgment given on 10 October 2018 will be welcome news to those who own or manage houses in multiple occupation ("HMOs")w, hich held that bedrooms that do not meet an authority's minimum size regulations can still be let to... Read more
17 Oct 2018

Housebuilding borrowing cap to be scrapped

By Robin Barnes There was some big news for the development sector in Theresa May's closing speech at the Conservative Party Conference. In amongst her optimistic pledges that austerity is now at an end and that Britain will be better off after Brexit, th... Read more
17 Oct 2018

Housebuilding borrowing cap to be scrapped

By Robin Barnes There was some big news for the development sector in Theresa May's closing speech at the Conservative Party Conference. In amongst her optimistic pledges that austerity is now at an end and that Britain will be better off after Brexit, th... Read more
17 Oct 2018

Electronic execution of documents - Law Commission consultation

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 an electronic device, even though the "signature" we produce bears little resemblance to the one... Read more
17 Oct 2018

Electronic execution of documents - Law Commission consultation

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 an electronic device, even though the "signature" we produce bears little resemblance to the one... Read more
8 Oct 2018

Goodbye to Pre-Commencement Conditions?

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 conditions that have been attached to the permission and establishing whether or n... Read more
8 Oct 2018

Goodbye to Pre-Commencement Conditions?

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 conditions that have been attached to the permission and establishing whether or n... Read more
18 May 2018

Landlord's consent and planning permission

By Fiona Larcombe 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. Hautfo... Read more
18 May 2018

Landlord's consent and planning permission

By Fiona Larcombe 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. Hautfo... Read more
18 May 2018

2017 Electronics Communications Code

By Clare Sivill/Fiona Larcombe A new electronics communications code ("New Code") came into force on 28 December 2017. It contains comprehensive reforms in favour of telecoms operators, intending to make it easier to roll out infrastructure such as mobile phone masts. T... Read more
18 May 2018

2017 Electronics Communications Code

By Clare Sivill/Fiona Larcombe A new electronics communications code ("New Code") came into force on 28 December 2017. It contains comprehensive reforms in favour of telecoms operators, intending to make it easier to roll out infrastructure such as mobile phone masts. T... Read more

Retail CVAS - landlords are feeling the pain

By Dellah Gilbert/Fiona Larcombe 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. Administrations and company voluntary arrangements (CVAs) are being annou... Read more
1 Jan 1970

Retail CVAS - landlords are feeling the pain

By Dellah Gilbert/Fiona Larcombe 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. Administrations and company voluntary arrangements (CVAs) are being annou... Read more
14 Mar 2018

Fraud unravels everything? well, not quite

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 en... Read more
14 Mar 2018

Fraud unravels everything? well, not quite

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 en... Read more
22 Feb 2018

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

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 t... Read more
22 Feb 2018

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

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 t... Read more
12 Feb 2018

What does it all MEES?

By Holly Watt 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... Read more
12 Feb 2018

What does it all MEES?

By Holly Watt 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... Read more