The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Planning and environment

Affordable housing – threshold upheld

In November 2014 the government introduced a threshold, below which the affordable housing rules would not apply (in essence, ten units or less with a combined gross floor space of no more than 1,000sq m; with a lower figure of five units in rural areas). That policy was subsequently held unlawful by the High Court, but that decision has been overturned by the CA. Thus, the threshold is valid. In practice, this means that most builders developing sites of fewer than ten homes will no longer have to make an affordable homes contribution. West Berks v Reading [2016] EWCA Civ 441 (access free at www.practicalconveyancing.co.uk).
Subscribers only...
 

Takeaways – WCs?

Free toilets and washbasins have to be provided for premises that are normally used for the sale of food and drink to members of the public for consumption on the premises (s20 LG (MP) Act 1976). Clearly then, premises that are takeaway-only do not need to provide washbasins or toilets. But, what is the boundary between a takeaway and a non-takeaway?
Subscribers only...
 

Enforcement notice – correct service

If someone has not provided the LPA with an address of service, then an enforcement notice can be served at their ‘usual or last known place of abode’ (TCPA 1990). In addition, there is a general provision allowing an LPA to serve such notice ‘at the proper address’ (LGA 1972).
Subscribers only...
 

Conditions – interpretation

It is always important to scrutinise the precise wording of a planning condition. According to the CA, this means looking at the natural and ordinary meaning of the language in the condition.
Subscribers only...
 

Planning – basements

The current popularity of basement excavations is not surprising; in many areas of London residential prices exceed £1,000psf, whereas basement construction costs are generally £400-£500psf. Hence there is a strong financial incentive to dig down.

Subscribers only...
 

Reasons – officers and committees

A recent local government ombudsman report is useful for highlighting the importance of planning committees clearly recording the reasons for their decisions. In the view of the LGO, this is particularly important if the planning committee’s decision conflicts with the planning officer’s recommendation.
Subscribers only...
 

CIL – split application?

Community Infrastructure Levy is generally chargeable on the internal floor space created by a planning permission. But, a recent case shows that an astute developer may be able to avoid CIL liability by submitting separate planning applications.
Subscribers only...
 

SPZ – effect

Simplified planning zones were introduced by TCPA 1990 (with an earlier variant dating back to 1971). While there are relatively few SPZs, the use of such zones is intended to encourage economic development and investment. 

Subscribers only...
 

AgTag – ‘dependent’

The CA has clarified the meaning of ‘dependence’ in the standard agricultural tenancy occupancy condition. It does include family members who are not financially dependent. 

Subscribers only...
 

Tree preservation – seeds and saplings

A Tree Preservation Order covers ‘trees’, but does that include seeds, seedlings and saplings? 

Subscribers only...
 


Page 4 of 19

Most-read articles

Court of Protection – trust deputies
Friday, 13 April 2018
How does the CoP approach an application to appoint a trust corporation as a deputy? HHJ Hilder has, in a recent CoP ruling involving 36 applicants and 11 trust corporations, analysed the law on the... Read more...
Professional – update
Friday, 13 April 2018
 A reminder that internal e-mails can result in SRA action; for a case involving sexist, racist and homophobic e-mails sent to a work colleague see [2018] LSG 12 February 2. Read more...
CFA – assignment
Friday, 13 April 2018
The introduction of LASPO in April 2013 caused problems for clients who already had CFAs, but then wanted to move to another firm. Read more...
Agent of change – new builds?
Friday, 13 April 2018
The ‘agent of change’ principle has been hotly debated in planning circles for some time. Indeed, the concept is likely to feature in the revised National Planning Policy Framework and the draft... Read more...
Withdrawing admissions – increase in value?
Friday, 13 April 2018
Suppose a defendant is faced with a low-value claim and decides to admit liability; later, it turns out that there is a significant increase in the value of the claim. At that stage, can the... Read more...
Service charges – estoppel?
Friday, 13 April 2018
Suppose service charges have been raised for many years in a way that does not properly accord with the wording of the lease; if T subsequently questions those service charges, can L argue that... Read more...
Service charges – code of practice
Friday, 13 April 2018
The RICS has published the proposed changes to its Code of Practice on service charges. The important change is that RICS members must act in accordance with eight core principles; the Code is no... Read more...
Japanese knotweed – nuisance
Friday, 13 April 2018
One of the (potentially) most important decisions last year was a humble county court case in which it was held Network Rail was liable after Japanese knotweed grew close to neighbouring terraced... Read more...
Adoption – new regulations
Friday, 13 April 2018
 A number of new provisions in relation to adoption are in force (as of 5 January 2018) under the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018. Read more...
Sickness – on holiday
Friday, 13 April 2018
 A worker who falls ill during annual leave is entitled to take that holiday leave at a later date. This is so whether the sickness commenced before, or during, the holiday. Read more...

Resources

IAG International
In House Lawyer
www.totallylegal.com
Join the IBA now!
MSI Global Alliance