March 2017 #349 – Law Journals

Planning Update: The right to know why

Is there now a presumption that reasons be given for planning decisions, asks Jamie McKie ‘Taking a step back, this direction of travel is perhaps unsurprising. The planning process has, at its core, the key values of public engagement and participation.’Within the last year, we have seen a surge of significant cases in which an …

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Telecoms Reform: A clear message

Martin Edwards assesses the ramifications of the new Electronic Communications Code for landowners ‘It appears that the new Code will make it difficult for the developer landowner to obtain vacant possession of sites inside a two-year period.’ If you represent a landowner with plans to redevelop their land or buildings but part of their site …

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Construction Focus: The devil is in the detail

John Starr examines the form and content of notices ‘The trust submitted that the law adopts a different, less prescriptive standard when it comes to considering whether a document constitutes a valid pay less notice.’It is well known that construction contracts in this country are required by the Housing Grants, Construction and Regeneration Act 1996 …

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Compulsory Purchase Orders: A method of last resort

Trevor Ivory and Rebecca Buttle give an update on the use of CPOs ‘While regeneration fell out of fashion, central government was increasingly seeing infrastructure investment as a means of keeping UK plc afloat.’Compulsory purchase powers, the means by which the state can seize the land of private citizens, albeit in return for compensation, are …

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Property Litigation: No dress rehearsal

Jessica Parry explains the importance of expert evidence in business lease renewals ‘If there is a dispute around the facts of a comparable transaction, the party who wants to rely on it may need to produce supporting evidence.’Flanders Community Centre Ltd v London Borough of Newham [2016] reminds property litigation practitioners of the importance of …

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Forfeiture: Stretching the limits

Edward Gamble discusses key factors to consider in a claim for relief from forfeiture for non-payment of rent ‘There is no fixed time limit for applications to be made in cases under the court’s equitable jurisdiction, although the statutory six-month time limit is used as a guide by analogy.’The ability to forfeit a lease to …

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Beneficial Ownership: Transparency v privacy

Laura Williamson highlights the pros and cons of the proposed register for foreign property-owning companies ‘The rationale given for focusing on real estate ownership is the frequent and sophisticated use of this asset class by criminals to hide the proceeds of crime.’ Disclosure of beneficial ownership for foreign companies that own property in England and …

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