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Planning and environment

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.

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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?

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High Court – appeals

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

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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. 

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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).

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Planning – breach

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

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Drains – SuDS

SuDS is the abbreviation for ‘sustainable drainage systems'. 

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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.

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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'.

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EIR – FOIA

Freedom of information requests are dealt with under the Freedom of Information Act 2000. But, requests for environmental information are dealt with under Environmental Information Regs 2004 (a different regime with its own distinctive rules).

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Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references: Read more...

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