In the last of our blogs on developments in planning law in 2022, we consider the extent to which you can change the development for which planning permission has been given without the need to make a new application for
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Our top 6 Planning Law takeaways for 2022 – Part 5: Retained EU Law Repeal Bill
In the fifth of our blogs on recent developments in planning law, we turn our attention to the Retained EU Law (Revocation and Reform) Bill 2022 introduced by Jacob Rees-Mogg at the height of the Truss premiership in September 2022. …
Our top 6 Planning Law takeaways in 2022 – Part 4: What happens if the local authority gets its CIL paperwork wrong?
Admittedly, a blog on the intricacies of the Community Infrastructure Levy (“CIL”) doesn’t sound like a very appealing prospect, but everyone needs their medicine occasionally.
In December 2022, the Court of Appeal had to consider the legal consequences of a…
Our top 6 Planning Law takeaways in 2022 – Part 3: What to do when the planners delay
We often get asked, when clients are faced with obstinate and, frankly, slow local authorities dealing with planning applications or s106 agreements, whether we can threaten legal action (other than planning appeals). Most of the time this is just letting…
Our top 6 Planning Law takeaways in 2022 – Part 2: Proposals to stop “landbanking”
In the second of our blog posts on some key developments in planning law in 2022, we look at some new proposals set out in a Consultation published in December 2022 on how to stop landbanking. These come on top…
A room with a view…. and a nuisance – The Tate Modern
The widely anticipated judgement of the case of Fearn and Others v Board of Trustees of the Tate Gallery from the Supreme Court was delivered on 1 February 2023, opening up the potential for many new claims of nuisance by…
Sara & Hossein Asset Holdings Limited v Blacks Outdoor Retail Limited [2023] UKSC 2
“Pay Now, Argue Later”: tenant-friendly interpretation of service charge provisions provides grist for disputes
Introduction
This case is of interest because commercial service charges are very rarely reviewed by the Supreme Court. The majority decision gives a surprisingly tenant-friendly view…
Our top 6 Planning Law takeaways in 2022 – Part 1: The problem of overlapping planning permissions
Over the next few weeks we’re going to let you in on our Top 6 developments in planning law from 2022. These might not be the best known (or infamous) cases, but hopefully if you aren’t already aware of them…
No going back: the transfer of beneficial interests in land
Introduction
English property law has developed a sophisticated system of property rights in land, to enable joint ownership of land and to regulate successive interests in the same land over a period of time. This was largely achieved by the…
Nelsonian blindness is no defence to a break notice
EDIT 22.11.2022: as this post went to press, the Appeal Court departed from the view of both the High Court and the County Court, and proclaimed a strict orthodoxy. They held that the judge below had asked himself the wrong…