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Irwin Mitchell

Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25

A case comment by Zoe Williams and James Mapley The Supreme Court has unanimously allowed Bresco’s appeal to determine that where...

Nicola Gooch

Your Housing is Out for Delivery: Covid 19, Five Year Housing Land Supply and Deliverability

The implications of Covid-19 and lockdown have pre-occupied most of us over the last few months; but whilst developers have been focused...

Nicola Gooch

The Great Planning Reform Act: Are we on the brink of a planning revolution?

The papers have been full of planning stories over the last couple of weeks. First, there was Westferry Printworks, then came the debate...

Nicola Gooch

Can further Judicial Intervention save the Duty to Co-operate? Sevenoaks to get their day(s) in Court over Local Plan

Yesterday, Sevenoaks District Council published a press release confirming that their legal battle with PINS over their emerging local...

Nicola Gooch

Cut on the (Apparent) Bias: Westferry Printworks and Apparent Bias in Planning Decisions

We may never know the full story behind the Secretary of State's decision to grant permission for the redevelopment of the Westferry...

Nicola Gooch

Supreme Court Decision in Dill: When is a Listed Building not a Listed Building? When it's an Urn?

Yesterday, the Supreme Court issued a decision that has significantly clarified the scope and effect of the Listed Building Regime in the...

Nicola Gooch

Planning & Covid 19: MHCLG to allow CIL Deferrals and Electronic Consultation

Late last night,* MHCLG announced its plan to re-open the housing market. Hidden at the bottom of the press release, underneath the...

Nicola Gooch

A New Hope: Can Planning Reinvigorate our High Streets? - the Star Wars edition.

A long time ago in a galaxy far, far away*.... the British high street was thriving, footfall was high and, for most of us, a trip into...

Elizabeth Thomson

A life-line for High Street businesses - but could the measures do more to assist landlords?

By Real Estates Disputes partner, Tim Rayner Much has been written in the legal, property and general press about the difficulties...

Nicola Gooch

Room to swing a cat: the challenges and controversies of virtual planning committees

It has been less than a month since Parliament passed the regulations authorising councils to hold virtual planning committees, and they...

Nicola Gooch

Air Quality, Emissions & Lockdown: Could Covid-19 help resolve Air Quality concerns in the longer term?

As I mentioned last week, one of the potential silver linings to our current situation appears to be a significant reduction in vehicle...

Nicola Gooch

Isolation Innovation: How Planning is adapting to life in lockdown.

We have just completed our first three weeks in lockdown. As we have at least another three to go, I thought it would be nice to take a...

Nicola Gooch

Virtual Reality: Government publishes regulations enabling planning committees to be held remotely

If nothing else, our current circumstances have certainly proven that the UK's legislative draftsman are a genuinely exceptional and...

Nicola Gooch

We Need to Talk: s.106 Agreements, CIL Payments & Stalled Sites

There is a lot for developers to think about right now. Everything from the availability of building supplies, to force majeure clauses...

Nicola Gooch

Planning in Adversity: a Message of Hope

We are living in strange and interesting times. But in all this uncertainty, we can take some comfort in the fact that the planning...

Nicola Gooch

Big, Bold & Beautiful? MHCLG sets out plans to reform the Planning System

Never let it be said that the current Government lacks energy or ambition. Less than 24 hours after the Treasury set out one of the most...

Nicola Gooch

To Boldly Go Where No Plan Has Gone Before.... Intervention and Innovation at MHCLG

These are the voyages of the Starship MHCLG. Its five-year mission: to explore strange new policies. To seek out new guidance and new...

Nicola Gooch

Case Law Update: CIL & Phased Planning Permissions

On 28 February the High Court handed down its first official judgment on the meaning of 'a phased planning permission' for the purposes...

Nicola Gooch

Planning for an Ageing Demographic: The Care Crisis is not inevitable but we need to take action now.

Earlier this week, my firm published a report into the future of elderly care in the UK . The research, published jointly with Cebr,...

Nicola Gooch

Everyday I'm Shuffling: A brief round-up of Politics, Planning & the odd court case

It has been an  eventful few days,  so this post is going to be a little bit of a mash-up of current events. Starting, of course, with: A...

Nicola Gooch

It's the end of the world as we know it: So what's next?

I am writing this post* on the UK's first day outside of the European Union for 45 years.** It is also, co-incidentally, the first time...

Nicola Gooch

The value of your charging schedule can go down as well as up: CIL Rates may fall in 2020 due to new index

One of the geekier amendments to the Community Infrastructure Levy Regulations introduced in 2019 was an amendment to the indexation...

Nicola Gooch

What we have here, is a failure to cooperate: What can we learn from Wealden and Sevenoaks?

The issue of cross-boundary collaboration on strategic issues has been stumbling block for local plans ever since Eric Pickles abolished...

Elizabeth Thomson

A Victory for Business Rates Mitigation Activity

This article, by real estate disputes partner Paul Henson, first appeared in Estates Gazette. Good news for those looking to reduce their...

Irwin Mitchell

The Queens Speech - what's in it for Real Estate?

Well after the second snap election in the last couple of years, the Tories have their majority!  And today saw the Queens Speech.  So -...

Elizabeth Thomson

New ruling on surveying sites for electronic communications apparatus installation - A clearer signal?

Real Estate trainee, Elliot Cuozzo, considers a recent case. The Electronic Communications Code (Code) confers rights on operators to...

Irwin Mitchell

Manifesto Watch: How the Parties Compare on (Social) Housing

Since Nicola set out the first overview comparing the parties on Green Belt, PD Rights and Housing Delivery and signposted other planning...

Nicola Gooch

Manifesto Watch 2019: How do the Parties compare on Housing Policy?

There is only a day to go until the election and the one thing that all commentators can agree on is that there are a lot of undecided...

Elizabeth Thomson

The requirements for when an individual executes a deed: A-ttesting case?

Elliot Cuozzo, a real estate trainee, considers a recent case on the witnessing of deeds. When a deed is executed by an individual,...

Nicola Gooch

Manifesto Watch: How the Parties Compare on Green Belt, PD Rights and Housing Delivery

Election Season is now firmly underway, with Manifesto releases from Labour, the Lib Dems and the Green Party this week.... and some...