Tags matching 'Real Estate'
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On the Ninth Day of Christmas....intention to occupy and subsequent damages under S37A of the Landlord and Tenant Act 1954
In the case of McDonald’s Restaurants Ltd v Shirayama Shokusan Company Ltd [2024], McDonald’s sought a new lease for premises in the...
17/12/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-12-15-17-47-50-780-675f1646bd49007ee56b6725.jpg)
I'm Dreaming of a White Paper... on Strategic Planning*
Hot on the heels of Sunday's working paper on nature recovery, we have yet another festive delivery. Today, the Government has released...
16/12/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-12-16-15-07-26-631-6760422ee47d4e3f62ee2df9.jpg)
On the Eighth Day of Christmas…Insurers, Contribution and Damage – The Current Position
Today we consider the interplay between the Civil Liability (Contribution) Act 1978 (the “1978 Act”) and the Third Parties (Rights...
16/12/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-12-15-12-36-59-306-675ecd6bbd49007ee56b24f3.jpg)
All I want for Christmas is a better solution to Nutrient Neutrality
We are one day closer to the Christmas break, so naturally, we have one more White Paper to discuss. This time it is the snappily titled...
16/12/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-12-13-09-48-20-300-675c02e4e06e54924ecbfb2f.jpg)
On the Seventh Day of Christmas....the acquisition of a right of way by prescription.
Background The case of Nicholson and another v Hale and another [2024] involves a dispute over the acquisition of a right of way by...
13/12/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-12-12-07-13-46-674-675a8d2a8116f6a82b01789d.jpg)
Festive Spot the Difference: The Revised NPPF has landed... but not *quite* as expected.
MHCLG have clearly been busy this year, as the new NPPF has landed slightly earlier than usual. The traditional Christmas Eve policy...
12/12/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-12-11-19-50-10-122-6759ecf28116f6a82b00a2a5.jpg)
On the Fifth Day of Christmas...The Case of D'Aubigny v Khan & Anor: Signed, sealed, but not delivered? Service of the Section 21 prescribed documents
On 1 December 2023, the Central London County Court delivered a significant judgment in D'Aubigny v Khan & Anor, addressing the validity...
11/12/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-12-10-14-34-02-175-6758515a9c500ef18a10c3ca.jpg)
On the Fourth Day of Christmas...the scope of environmental assessments
On the Fourth Day of Christmas…today Victoria Crozier from Irwin Mitchell’s Commercial Dispute Resolution team examines the success of...
10/12/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-12-09-12-50-26-329-6756e792b0395ec32a4ea43a.jpg)
On the Third Day of Christmas....Business Tenancies: The Right to Renew
On 19th November 2024, the Law Commission published a consultation paper titled "Business Tenancies: The Right to Renew", which explores...
09/12/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-12-09-09-47-12-780-6756bca0b0395ec32a4e39b7.jpg)
Rocking around the Modernised Planning Committee
It was hard to escape the MHCLG press blitz over the weekend. It was so intense that, for a brief and slightly panicked moment, I...
09/12/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-12-05-13-43-30-734-6751ae02543d00e4d89772b9.jpg)
On the First Day of Christmas....Can courts mandate parties to engage in non-court-based dispute resolution processes?
Background In the case of Churchill v. Merthyr Tydfil County Borough Council James Churchill, the claimant, purchased a property in...
05/12/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-12-04-14-09-08-098-67506284a5232bf328c0f912.jpg)
Festive News: MHCLG publishes new LPA Designation Criteria
It is officially December. Traditionally a time of festivity, novelty jumpers, and more planning news than one can shake a candy cane at!...
04/12/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-11-28-23-09-53-081-6748f84122717cda6af7737f.jpg)
Tales from the CIL Files: A short list of things that are not "buildings"
You are about to enter another dimension, a dimension not only of sight and sound but of mind. A journey into a wondrous land of...
29/11/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-11-27-12-16-28-218-67470d9ca72c76483c176bb0.jpg)
Security of Tenure reimagined - Speak now or forever hold your lease!
For anyone involved in the letting of business premises, including investors, developers, occupiers, property managers, surveyors and...
27/11/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-11-27-10-06-48-972-6746ef38af241b2bae431201.jpg)
We Might Need To Re-think.... Everything... Key Lessons from the Older Persons Housing Taskforce Report
Yesterday, MHCLG published the findings of the Older Person's Housing Taskforce - an independent group set up in May 2023 to explore how...
27/11/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-11-21-23-18-29-703-673fbfc54e2ced0e7b410b7d.jpg)
Two Speeches and a Consultation: MHCLG sets out its stall on Planning & Affordable Housing
Wednesday 20 November was a big day for both planning and the affordable housing sector. In just one day, we saw: Matthew Pennycook...
22/11/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-11-21-10-14-50-682-673f081ad8531ea06479c123.jpg)
Mitigating the increased risk of insolvency in the construction industry
The UK construction sector is experiencing an increasing rate of insolvency, with recent data revealing that construction firms accounted...
21/11/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-11-13-06-20-33-902-67344531d8026329178ddb3a.jpg)
Revenge of the LURA: The surprise arrival of High Street Rental Auctions
Just when you thought it was safe to turn the page on the last government's planning reform agenda….High Street Rental Auctions make a...
13/11/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-11-09-21-01-56-024-672fcdc4c94e08b460548f03.jpg)
A Hectic Week in Planning Land: Boats, New Towns, Call In Decisions & Stand-up Comedy
On Friday night, I attended Matt Forde's End of an Era Tour. Tunbridge Wells is a bit of a comedy hotspot, so I have seen quite a lot of...
11/11/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-11-02-15-42-41-315-67264871921cd23460e95384.jpg)
The Curious Case of the Development in the Green Belt: Lessons from "Keep Chiswell Green"
On 29 October, in a move almost guaranteed to be overshadowed by the Budget, the High Court handed down its decision in Green v Secretary...
03/11/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-10-30-11-43-34-879-67221be6b3126dda0b903884.jpg)
Budget 2024: Planning & Social Housing
When it comes to Planning, at least, this was a budget with very few surprises. Most of the big announcements have been drip-fed to the...
30/10/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-10-26-07-29-28-024-671c9a58df544b7c2bf6e075.jpg)
The Secretary of State weighs in on Water Neutrality: The Kilnwood Vale Decision
On Friday 25 October, the Secretary of State published a recovered appeal decision for Kilnwood Vale. The Appeal relates to a reserved...
27/10/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-10-19-08-58-20-424-671374aca145b0fc4d5114f8.jpg)
Tales from the CIL Files: Retained buildings, floorspace deductions and retrospective consents.
Whilst MHCLG* grapple with an avalanche of consultation responses… and the rest of us await the budget… I thought I would spend some time...
21/10/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-10-05-06-12-35-725-6700d8d30a67f0e923796b58.jpg)
Planning Appeals, s.106 Agreements and a few practical issues.....
As those of you who are active on LinkedIn have probably noticed, the Planning Inspectorate has recently updated its guidance in relation...
05/10/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-09-29-11-06-25-784-66f934b15a19927303c643ef.jpg)
Where the rubber meets the road: Conference, consultations and planning statistics.
Last week was certainly a busy one. We had the Labour Party Conference, the launch of a working paper on ‘Brownfield Passports’, the...
30/09/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-09-22-09-57-29-291-66efea093649838a2c70b3dd.jpg)
Brownfield Passports: building on old foundations?
On Sunday, MHCLG launched a policy paper seeking views on the introduction of “Brownfield Passports”. “Brownfield Passports” are a set of...
22/09/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-09-12-06-10-41-262-66e285e1606007ce058aa494.jpg)
AI at Appeal, The London Legacy Development Corporation, a raft of secondary legislation and some case law....
Well, I knew it would be a busy start to the Autumn, but I wasn't expecting it to be quite this eventful. From PINs guidance on the use...
12/09/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-09-05-19-57-01-193-66da0d0d2e625dbc7ff7f954.jpg)
Back to School: Planning is facing a busy Autumn. In fact, it has already started.
Welcome to September! The holiday season is officially over, the kids are back in school,* and planning professionals all around the...
06/09/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-08-28-10-30-15-664-66cefc37c331e8437deea28b.jpg)
What is a sustainable building?
Everyone uses the term, but what is truly expected of a “sustainable building” in 2024? William Scott looks at key qualities required. A...
28/08/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-08-13-08-07-12-521-66bb1430b15ecebfea5252b7.jpg)
And now for something completely different: An NPPF-consultation-free Summer round-Up
It is August. School holiday season. Parliament is in recess. Working parents are trying to juggle work and childcare* and everyone else...
13/08/24