‘A new planning code for Wales is needed to get the country building and further protect heritage and the environment, says the Law Commission.’
Law Commission, 30th November 2017
Source: www.lawcom.gov.uk/
‘The High Court has just ruled that the public should be reconsulted on a planning application which has been amended. Failure to do so may be procedurally unfair and therefore unlawful.’
UK Human Rights Blog, 28th November 2017
Source: ukhumanrightsblog.com
‘Tendring District Council has won its first ever judicial review challenge over a decision of a planning inspector.’
Local Government Lawyer, November 2017
Source: www.localgovernmentlawyer.co.uk
‘In 2014, Starham bought a piece of land on the Harrow Road. Most of the land was being used as a beer garden by the Masons Arms pub, owned by Greene King. Starham claimed this use was a trespass. Greene King claimed it was entitled to use the land as a beer garden by virtue of a right created by a conveyance dated 24 August 1855 which it said was an easement or a restrictive covenant.’
Falcon Chambers, November 2017
Source: www.falcon-chambers.com
‘The case concerned a residential development is White Sands, Camber, East Sussex. The land initially belonged to Burrows, which had obtained planning permission to build out a residential housing estate. Part of the land was sold to Ward, a housebuilder, subject to the terms of a contract which included an overage agreement by which 30% of profits above a fixed ceiling were payable to Burrows. That overage agreement was protected by a restriction at the Land Registry against the Ward title. Pursuant to the contract, certain disposals were “Permitted Disposals” under Clause 4.9 of the contract, not caught by the restriction. These included sales of individual units in the open market, and also (under sub-paragraph (c)) “the transfer … of land … for roads, footpaths, public open spaces or other social/community purposes”. Save as permitted, other disposals were caught by the restriction and required the disponee to submit to a deed of overage direct to Burrows.’
Falcon Chambers, November 2017
Source: www.falcon-chambers.com
‘There are few cases so iconic that lawyers remember the names long after university or law school. One is Tulk v Moxhay [1848], the case on the restrictive covenants which have prevented building on Leicester Square. The date of that case demonstrates that well-drafted restrictive covenants on land are an effective way of controlling development of land indefinitely. However, not all restrictions are worthy of preservation, so the Law of Property Act 1925 contains in section 84 a mechanism for the release of land from restrictive covenants in certain circumstances.’
Law Society's Gazette, 20th November 2017
Source: www.lawgazette.co.uk
‘Gladman Developments v. SoS for Communities and Local Government, Interested Party:CPRE [2017] EWHC 2768 (Admin) 6 November 2017. An interesting example of how our planners must take air pollution concerns far more seriously in the light of the long-running ClientEarth litigation.’
UK Human Rights Blog, 13th November 2017
Source: ukhumanrightsblog.com
‘A Blackpool bar owner must pay a total of £336,000 in confiscation, a fine and costs for a lengthy breach of planning conditions.’
Local Government Lawyer, 14th November 2017
Source: www.localgovernmentlawyer.co.uk
‘The High Court has this week begun hearing a judicial review challenge to the London Borough of Haringey’s decision to establish the Haringey Development Vehicle (HDV), which is said to be the largest local authority development vehicle of its kind.’
Local Government Lawyer, 26th October 2017
Source: www.localgovernmentlawyer.co.uk
‘In his previous article of 26th July 2017 Steven discussed the potential benefits of obtaining borough-wide Injunctions preventing anyone entering green spaces with vehicles, (most commonly mobile homes and caravans) and then fly-tipping industrial scale waste. This article deals with the fact that it is becoming increasingly clear that, where one local authority obtains protection in the form of a borough-wide injunction to prevent incursions onto its green spaces, a neighbouring borough becomes vulnerable to an increase in incursions.’
Hardwicke Chambers, 19th October 2017
Source: www.hardwicke.co.uk
‘New rules regarding the rights and obligations that arise in relation to the deployment and maintenance of mobile phone masts and other telecoms infrastructure are “expected to take effect in December”, according to the UK government.’
OUT-LAW.com, 20th October 2017
Source: www.out-law.com
‘A term would be implied into an option agreement, requiring the purchaser/developer of a plot of land to sell the properties that he had newly constructed, within a reasonable period of time, so held the High Court. The clause was necessary as a matter of business efficacy and without it the option agreement lacked commercial coherence. The Court also deemed the clause to be so obvious that it went without saying. (Marks & Spencer PLC v BNP Paribas Securities Services [2015] UKSC 72; [2016] AC 742 considered).’
Tanfield Chambers, 12th October 2017
Source: www.tanfieldchambers.co.uk
‘The Wales Act 2017 received Royal Assent on 31 January 2017. Some provisions are already in force; others will come into effect in April 2018.’
No. 5 Chambers, 18th October 2017
Source: www.no5.com
‘A world-famous recording studio where leading symphony orchestras, Sir Paul McCartney, U2 and Liam Gallagher have performed has won a legal battle to stop a neighbour digging a vast “iceberg” basement.’
Daily Telegraph, 12th October 2017
Source: www.telegraph.co.uk
‘The government is to review the effectiveness of laws designed to tackle illegal encampments set up by travellers and Gypsies.’
BBC News, 9th October 2017
Source: www.bbc.co.uk
‘The Supreme Court will next month consider the correct legal standard to be applied in assessing the adequacy of reasons provided by local planning authorities when granting planning permission.’
Local Government Lawyer, 29th September 2017
Source: www.localgovernmentlawyer.co.uk
‘Two campaigners have failed to win permission from the High Court for judicial review of a planned urban extension to Canterbury on air quality grounds.’
Local Government Lawyer, 21st September 2017
Source: www.localgovernmentlawyer.co.uk
‘A couple who disguised a house as a garage and lived in it for four years have been ordered to tear it down.’
Daily Telegraph, 19th September 2017
Source: www.telegraph.co.uk
‘In our post, Balancing mission, aesthetics and heritage of parish churches, we noted that the Church’s consistory courts are frequently required to weigh up the relative merits of proposed building work for repair or modification in terms of their impact on the heritage and aesthetics of the building against its overall mission within the community.’
Law & Religion UK, 13th September 2017
Source: www.lawandreligionuk.com
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