The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Planning and environment

Section 106 agreement – LA as landowner

How do you deal with s106 obligations if the local planning authority is the landowner?

Subscribers only...
 

Agricultural occupancy – s84 LPA 1925

An agricultural occupancy restriction can obviously have a marked effect on the open market value of a property. However, such conditions are notoriously difficult to lift.

Subscribers only...
 

Use class – successive changes of use

Can a succession of different unauthorised uses, within the same use class, be added together – so the ten-year enforcement period in relation to the original unauthorised use has expired?

Subscribers only...
 

High Court – appeals

A summary of the main time limits for appeals in planning cases.

Subscribers only...
 

Planning – costs

An award of costs in a planning dispute is not as unusual as it once was. But, it can often take a long time to actually recover those costs. 

Subscribers only...
 

Enforcement – ten-year period

A change of use will normally require planning permission (unless it is within a particular class of the Use Classes Order 1987).

Subscribers only...
 

Planning – breach

Localism Act 2011 contains several important changes to the rules on planning breaches, and enforcement. 

Subscribers only...
 

Drains – SuDS

SuDS is the abbreviation for ‘sustainable drainage systems'. 

Subscribers only...
 

Section 106 - seller's liability?

In most instances, a landowner who sells land for development will not be liable for the planning obligations in an s106 agreement. This is because his obligations will usually only take effect once planning permission has been implemented, and that will usually be after the land has sold, and so the seller can usually rely on a release in the s106 agreement.

Subscribers only...
 

Contaminated Land - new Guidance

New Statutory Guidance sets out revised guidelines on how LAs should implement the contaminated land regime (under EPA 1990), including how they should go about deciding whether land is 'contaminated'.

Subscribers only...
 


Page 10 of 19

Most-read articles

Disputed will – guidance; procedure
Wednesday, 13 February 2019
What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died?  Read more...
MoJ – IT meltdown
Wednesday, 13 February 2019
Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts.  Read more...
Statutory notices – service
Wednesday, 13 February 2019
The SC has widened the scope of the service of statutory notices. Read more...
Part 36 offers – appropriate
Wednesday, 13 February 2019
Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may... Read more...
Noise nuisance – liability?
Wednesday, 13 February 2019
A recent High Court decision has confirmed that L is not liable for nuisance caused by its T merely because L does not take steps available to prevent the cause of the nuisance, even when L knows... Read more...
RICS – service charges
Wednesday, 13 February 2019
We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification?
Wednesday, 13 February 2019
A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of
Wednesday, 13 February 2019
In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR.  Read more...
Incompetence – not discrimination
Wednesday, 13 February 2019
The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
Wednesday, 13 February 2019
The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case.  Read more...

Resources

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