June 2022 #398 – Law Journals

Building Safety Act 2022: Planning update

Fiona Sawyer and Matthew White consider the implications for developers of the Act, and in particular of s128 Section 128(4) provides that the prohibition from carrying out development will apply despite planning permission having been granted. In PLJ November 2021 (#392), we wrote about requirements in the Building Safety Bill which related to planning. Planning …

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Construction focus: Demystifying grounds for extensions of time

Dan Easom looks at the factors to consider when considering extension of time claims Given that all or most of the above requirements will likely apply to extension of time claims regardless of the ground being relied upon, it is important for a contractor to bear these in mind. Construction contracts invariably require contractors to …

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Private rented housing: Putting things into perspective

Felicia Persis considers the government’s policy paper published in mid-June, which has been described as ‘biggest shake up of the private rented sector in 30 years’ The DLHC acknowledges that there is an imbalance in the landlord and tenant relationship, as the White Paper states that scrapping the s21 termination route will ‘level the playing …

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Climate change: An obviously material planning consideration?

In the first of two articles on climate change, Frank Orr provides an analysis of its legislative context Notwithstanding the exigency implicit within the CCA, climate change as a potential material planning consideration enjoys no special status per se within T&CP decision-making, let alone any express provision in decision-making either in the TCPA 1990 or …

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Landlords’ works and tenants’ rights: A balancing act

Mark Shelton considers how to protect a landlord’s rights of access to carry out works while protecting tenants’ rights The word ‘quiet’ has the potential to mislead, suggesting disturbance caused by noise, such as the noise of building works. The covenant is concerned with disturbance in a much broader sense. Leases will often contain rights …

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