Mon08212017

Last updateTue, 24 Feb 2015 5pm

Property Law Journal: 7 November 2011
Keystone Law

Martin Goodall reviews the underlying legal issues behind the headline High Court case and asks what the decision means for the future relationship between local planning authorities and travelling communities

The ‘Battle of Dale Farm’ has attracted a great deal of media attention in recent weeks, but journalists have clearly had difficulty in getting to grips with the legal issues involved and in presenting these accurately and fairly to readers, viewers and listeners.

Paul Tonkin considers three recent cases involving the 1954 Act and its mechanics

Despite having been on the statute books for over 50 years, part II of the Landlord and Tenant Act 1954 continues to generate new points of law. Recent years have been no exception. However, it will come as no surprise that some of the most interesting recent cases to arise from the 1954 Act have had a distinctly ‘recessionary flavour’, analysing, for example, the relationship between the 1954 Act and the Insolvency Act 1986 and grappling with applying the mechanics of interim rent to a depressed rental market.

Nigel Hewitson provides a brief summary of the changes effected by the new 2011 EIA Regulations and highlights some of the more important EIA cases from 2010 and 2011

The last couple of years have been busy ones for practitioners who need to keep up to speed with the law governing environmental impact assessment (EIA). Aside from revised Regulations (the Town and Country Planning (Environmental Impact Assessment) Regulations 2011), which came into force on 24 August 2011, there have been a number of important cases in the courts covering a number of EIA-related matters – in particular, the issuing of screening opinions.

Simon Leney explains why conveyancers should change the advice they give to joint buyers of property

Cricket commentator and former test cricketer Geoff Boycott was recently in the news in regard to a case around shared ownership, Boycott v Perrins Guy Williams & ors [2011]. When he bought a designer home in fashionable Weymouth with a former girlfriend he thought it was a profitable long-term investment. Although he was only providing part of the price, the deal was that the house would be her home but when she died he would own the whole house.

Dentons

Roy Pinnock and Stephen Ashworth consider some key areas in which greater clarity is needed if development and growth are to become more realistic prospects

Development profitability now plays a key role in many planning decisions. Both the policies tested and the obligations imposed by local authorities at the top of the market create challenges for delivering approved schemes. Ministerial pressure on local authorities to ‘plan for growth’ and renegotiate planning gain are combining with the advent of Community Infrastructure Levy (CIL) to increase refinancing pressures. Viability issues are becoming more pressing than ever. At the same time, the draft National Planning Policy Framework (NPPF) may subtly but significantly shift the goalposts, as it elevates the importance of deliverability in planning judgements about site allocations. Planning authorities and developers will both need to prepare themselves for a change in approach and clear guidance is needed to avoid precious private and public sector resources being wasted on sterile debate.

Richard Roberts discusses a ruling concerning the landlord’s intention, when a landlord is seeking to oppose the grant of a new business tenancy on the grounds of repossession

The Landlord and Tenant Act 1954 provides a number of statutory protections for occupiers of property for business purposes. These include the entitlement to remain in occupation after the termination date, as the tenancy does not come to an end unless it is terminated in accordance with statutory procedure set out in the 1954 Act. That procedure requires a landlord wishing to terminate to specify the grounds on which new leases should not be granted to the tenant. One such is where the landlord intends to occupy the property wholly or partly for the purposes of a business to be carried on by him.