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Elisa Daykin

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...

Nicola Gooch

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...

Laura McKay

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...

Nicola Gooch

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...

Natalie Hayes-Green

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...

Nicola Gooch

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...

George Cohen

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...

Victoria Crozier

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...

Danny Revitt

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...

Nicola Gooch

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...

Elisa Daykin

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...

Nicola Gooch

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!...

Nicola Gooch

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...

Danny Revitt

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...

Nicola Gooch

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...

Nicola Gooch

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...

Victoria Kempthorne

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...

Nicola Gooch

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...

Nicola Gooch

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...

Nicola Gooch

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...

Nicola Gooch

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...

Nicola Gooch

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...

Nicola Gooch

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...

Nicola Gooch

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...

Nicola Gooch

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...

Nicola Gooch

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...

Nicola Gooch

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...

Nicola Gooch

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...

Will Scott

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...

Nicola Gooch

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...