This category can only be viewed by members.
Tracy Lovejoy considers the public sector equality duty and its impact on planning decisions in the context of recent case law A failure by a local public authority to comply with its PSED is a legal error and the resulting planning decision can be judicially reviewed. As with many public functions, there is no private …
Continue reading "Planning and the public sector equality duty: A timely reminder"
This post is only available to members.
Daniel Burr and Sophie Togwell consider the outcome of a recent Court of Appeal decision It was held that, for a warranty to be a construction contract, it must be an agreement for the carrying out of construction operations, meaning it must relate to the performance of works rather than just the quality of work. …
Continue reading "Construction focus: When a collateral warranty is a construction contract"
This post is only available to members.
Fiona Sawyer looks at the impact of nutrient pollution on development and considers Natural England and government’s proposed solutions to get housing going again Wherever a project is likely to have a significant effect on a protected site, which is not directly connected with or necessary to the management of that site, an HRA must …
Continue reading "Nutrient pollution and housing development: Nutrient neutrality"
This post is only available to members.
Nicola Gooch considers the barriers to the seniors housing market, in light of recent research conducted by the firm alongside Knight Frank Developing the seniors housing sector more evenly across England would seem to align quite neatly with both the government’s levelling up agenda and their wider objectives for reinvigorating social care provision across the …
Continue reading "Opinion: Why are we not planning for an ageing population?"
This post is only available to members.
The Supreme Court has provided some clarity on whether operators, in particular those with pre-existing code agreements, have new code rights, as Samuel Lear finds out The purpose of the new code was to facilitate the roll out of electronic communications networks for the benefit of the public at large while balancing those objectives with …
Continue reading "The new Electronic Communications Code: Welcome clarity"
This post is only available to members.
Climate change regularly grabs the headlines, but are solicitors obliged to consider its impacts for property ownership as part of their advice to buyers and lenders? Julie Vaughan considers what sort of advice might a solicitor be expected to offer Some respected voices at the environmental law Bar now believe there is a decent prospect …
Continue reading "Climate change: Is it a legal issue?"
This post is only available to members.
Richard Spring considers the intricacies of terminating a contractor’s engagement and then provides practical advice on how to do so What of a contractor who, put simply, is just not performing? What options are available to an employer who believes its contractor is not holding up its end of the bargain? For employers, exercising a …
Continue reading "Revisiting termination: When to stick or twist?"
This post is only available to members.
Nicola Gooch of Irwin Mitchell and Matt Spilsbury of CBRE consider the proposals in the Levelling Up & Regeneration Bill and the questions that still need to be answered before they make their way onto the statute books When reviewing the draft legislation in schedule 11 of the bill, the first thing that strikes is …
Continue reading "The Levelling Up & Regeneration Bill: The infrastructure levy under the spotlight"
This post is only available to members.
In this second article of two on climate change, Frank Orr looks at the tension between the expectations of action raised by the CCA, the failure of national policy to meet such expectations and the case law that has – to an extent – continued to cloud the issue While the National Planning Policy Framework …
Continue reading "Climate change and material planning: The clouding of the issue"
This post is only available to members.
Fiona Sawyer and Matthew White consider the implications for developers of the Act, and in particular of s128 Section 128(4) provides that the prohibition from carrying out development will apply despite planning permission having been granted. In PLJ November 2021 (#392), we wrote about requirements in the Building Safety Bill which related to planning. Planning …
Continue reading "Building Safety Act 2022: Planning update"
This post is only available to members.
