Planning update: Live music — the housing conundrum

Dentons | Property Law Journal | April 2020 #380
Lucy McDonnell identifies the legal implications when a new residential development is built near an existing noise-generating site ‘The lack of assurance that an acceptable noise environment from a planning perspective will also be considered acceptable from a licensing perspective has led to affected parties seeking additional safeguards.’ As the housing crisis continues, there is …

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Restrictive covenants: No release permitted

Travers Smith LLP | Property Law Journal | February 2019 #368
Andrew Ross and Sarah Quy discuss a case where the court emphasised the public interest in honouring private rights ‘The court’s decision indicates that responsible developers should seek release of covenants before developing in breach.’ In November 2018 the Court of Appeal decided in Alexander Devine Children’s Cancer Trust v Millgate Developments Ltd [2018] that …

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Rights to light: Continue but with compensation

Travers Smith LLP | Property Law Journal | April 2018 #360
Andrew Ross and Sarah Quy examine the background to rights to light and how a development can proceed where such rights exist ‘The courts and planning authorities are increasingly recognising in their decision-making that the balance is shifting from the protection of private rights towards the promotion of development which is perceived to be in …

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Agent of change: No panacea

DLA Piper UK LLP | Property Law Journal | March 2018 #359
Amy Truman, Michael Greig and Pieter Claussen discuss the implications of a wider reliance on the agent of change principle to deal with noise nuisance ‘This is basically a proposal that the onus for ensuring that the occupants of a new noise-sensitive development will not be adversely affected by noise from an existing noisy use …

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