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Sarah Youren reviews proposals for change to the Statutory Guidance accompanying the contaminated land regime, as well as proposed changes requiring public consultation on future development The Coalition Agreement promises a radical reform of the planning system to give people more ability to determine the shape of the places in which they live. Many of …
Continue reading "Planning And Environment Focus: Planning applications: proposed changes to the consultation requirement"
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Sarah Youren reviews proposals for change to the Statutory Guidance accompanying the contaminated land regime, as well as proposed changes requiring public consultation on future development The contaminated land regime was brought into effect in England on 1 April 2000. It applies to all land, whether residential, commercial, industrial or agricultural. It can affect owners, …
Continue reading "Planning And Environment Focus: Potential changes to the contaminated land regime"
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Clare Fielding examines how the government is proposing to deliver infrastructure in a localist world ‘Some people are sceptical about localism. Some even argue that growth is incompatible with localism. But my answer is – was centralisation such a great success?’ (Eric Pickles, secretary of state for Communities and Local Government, CBI annual dinner 21 …
Continue reading "Infrastructure: Mind the gap"
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Claire Deanesly and Alex Ibrahim provide an in-depth look at the proposals and their likely effect ‘Due to its complex, costly and unwieldy nature, the CLR has been relatively ineffective during its 11-year history. The proposed changes to the CLR are therefore regarded by many as long awaited.’The government has recently consulted on proposed changes …
Continue reading "Contaminated Land: The proposed regime in detail"
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Rebecca Shorter looks at the issue of concurrent liability in the context of building defects ‘Contract and tort are different sources of obligations. The existence of a contract will not rule out the possibility of a concurrent duty of care in tort to prevent economic loss, but neither will it automatically create such a duty.’The …
Continue reading "Case Study: Pure economic loss re-examined"
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With the threshold for business rate relief to be significantly reduced as of April this year, Sue Boyall assesses the options for mitigating liability ‘Tenants should remember that until such time as their lease is terminated, or until they have found an acceptable assignee or under-tenant, they may remain liable for empty rates under their …
Continue reading "Empty Business Rates: Lowering the threshold"
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Alasdair Thomas reviews the findings on appeal of a case involving a business tenant who, by acquiring a part of the freehold reversion to its lease, was able to prevent the other freeholders from terminating the lease ‘It seems most unlikely that those responsible for drafting s44(1A) of the Landlord and Tenant Act 1954 envisaged …
Continue reading "Case Study: The never-ending tenancy: part 2"
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Richard Webber looks at the re-launch of PACT and asks whether landlords and tenants who are renewing their business leases should take advantage of it more often ‘PACT tends to work best where the parties have narrowed the issues between them and seek, collaboratively, to resolve them by reference to a third party.’PACT (Professional Arbitration …
Continue reading "Landlord And Tenant Update: PACT relaunched"
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Keith Shaw reports on the importance of vacant possession in rent review situations, and warns of the potential pitfalls ‘The rent review hypothesis assumes, as at the review date, that the lease including the rent review clause does not exist. Logically, therefore, any occupation by a tenant in possession has to be disregarded, and it …
Continue reading "Back To Basics: Vacant possession and rent review"
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When is it unreasonable to reject mediation, and what are the consequences of doing so? John Starr investigates ‘A successful party may be faced with the possibility of being refused an order for payment of their costs by the unsuccessful party for having unreasonably failed to mediate.’The recent case of Rolf v De Guerin [2011] …
Continue reading "Construction Focus: Lost opportunities"
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