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In the first of a new monthly column by King & Wood Mallesons SJ Berwin LLP , Joann Fernandes provides an overview of the Localism Bill and the National Planning Policy Framework The Localism Bill was published and introduced to the House of Commons on 13 December 2010. It includes provisions relating to local government, …
Continue reading "Planning And Environment Focus: A positive change?"
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Martin Goodall reviews the underlying legal issues behind the headline High Court case and asks what the decision means for the future relationship between local planning authorities and travelling communities ‘A local planning authority should not be deterred from enforcement action, if it has decided that it is in the public interest just because it …
Continue reading "Travellers: The battle of Dale Farm"
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Paul Tonkin considers three recent cases involving the 1954 Act and its mechanics ‘The administrators refused consent to continue the proceedings on the basis that they needed six to 12 months in which to put together a viable scheme to redevelop the premises so as to make out the ground of opposition. Spring applied to …
Continue reading "Landlord And Tenant Update: Lease renewal in troubled times"
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Nigel Hewitson provides a brief summary of the changes effected by the new 2011 EIA Regulations and highlights some of the more important EIA cases from 2010 and 2011 ‘The revised EIA Regulations came into force on 24 August. They take in a decade of amendments since the introduction of the 1999 EIA Regulations and …
Continue reading "Environmental Impacts Assessments: A case law update"
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Simon Leney explains why conveyancers should change the advice they give to joint buyers of property ‘This story highlights the risks inherent in the use of a joint tenancy, and illustrates my view that more attention should be given to the ownership arrangements when more than one owner buys a property, specifically when they aren’t …
Continue reading "Joint Ownership: How to avoid getting less than you bargain for"
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Roy Pinnock and Stephen Ashworth consider some key areas in which greater clarity is needed if development and growth are to become more realistic prospects ‘Affordable housing, good design and sustainability measures are not optional. National and professional guidance should clarify that while lack of viability may be an excuse for policy non-compliance, it should …
Continue reading "Planning: Viability issues"
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Richard Roberts discusses a ruling concerning the landlord’s intention, when a landlord is seeking to oppose the grant of a new business tenancy on the grounds of repossession ‘It was not for the court to decide whether ABP’s stated objective would be successful or economically viable, provided that it had a reasonable prospect of being …
Continue reading "Case Study: Good intentions"
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An ongoing case relating to a claim for noise nuisance is likely to impact on future wind farms, as Jacqueline Cook finds out ‘Good intentions and acting in the public interest are no bar to an action for nuisance. Although he might be doing so in the public interest, a person committing a nuisance may …
Continue reading "Wind Farms And Noise Nuisance: Another chink in the armour?"
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Carl Dyer explains why the coalition government’s National Planning Policy Framework should be wholeheartedly welcomed ‘The coalition government’s 56-page National Planning Policy Framework is the best attempt at reform of planning policy proposed for the past 30 years.’Our planning system does not work. It is not fit for purpose. This is not a secret; every …
Continue reading "Opinion: It’s broken. Fix it. Please."
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Simon Massey and James Atkins examine the purpose of the statutory compliance clause and its impact on the landlord and tenant relationship ‘The legislative landscape will change during the currency of the lease term, and it is generally prudent for landlords and tenants to take legal advice on any future legislation that might affect their …
Continue reading "Statutory Compliance Clauses: Duty bound"
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