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Planning Performance Agreements are experiencing a renaissance, but what are they and do they have any value? Nicola Insley finds out ‘Some developers believe that PPAs allow planning authorities to extract an additional fee from developers for considering the application without any reciprocal contractual obligation on the LPA to perform any of the terms of …
Continue reading "PPAs: Pointless paperwork or perfect partnership?"
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Sarah Youren reviews the upcoming changes in planning likely to be brought about by the Bill The long-awaited Localism Bill has finally arrived. At the moment, views are split as to whether this will herald a new era of nimbyism with local people refusing to allow any new development in their area, or whether in …
Continue reading "Planning And Environment Focus: The Localism Bill"
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Tom Hubbard examines the powers of a liquidator to disclaim leases and strategies for landlords faced with tenants who are in liquidation ‘A validly appointed liquidator possesses a statutory power to disclaim onerous leasehold property during the process of liquidating a company.’In these hard times many companies are struggling, and those that lose the battle …
Continue reading "Disclaimer Of Leases: Tactics for landlords"
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Natasha Rees reviews a decision of the Upper Tribunal concerning the correct rate to be applied to leases under 20 years ‘The Upper Tribunal decided that there should be a departure from the rate fixed by Sportelli. In doing so, they adopted the formula laid down by Sportelli but accepted that adjustments had to be …
Continue reading "Leasehold Enfranchisement: Deferment rates in the spotlight… again"
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Simon Keen and Angus Coulter assess what it means when land agreements are brought within the confines of competition law. In most cases, land agreements would not be expected to have an adverse effect on competition, and so the only cost to landlords and tenants will be of carrying out the self-assessment process.Tenants often seek …
Continue reading "Landlord And Tenant Update: Exclusivity agreements"
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Matthew Cox considers a recent case where a personal license had ended but the use continued. At what point did a prescriptive easement arise? ‘In order to succeed in a claim for a prescriptive easement, the use must not be procured by force, stealth or licence of the owner.’What happens when a personal licence to …
Continue reading "Case Study: Prescriptive easements and personal consents"
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Heath Marshall looks at recent challenges to the decisions of adjudicators and how the financial position of the winning party can affect their outcome ‘The courts have stated that, in enforcement proceedings, they will consider the financial circumstances of both parties if appropriate, although the outcome of such consideration has historically been capricious.’The decisions given …
Continue reading "Construction Adjudication: A stay of execution"
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Paul Stafford explains why those who hold a manorial title, or those who challenge it, must examine the foundations on which the particular title stands ‘The exercise of any right of lordship depends first on establishing or upholding title to the lordship; this is a more difficult task than is often recognised.’Manorial law continues to …
Continue reading "Manorial Rights: Title challenge"
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With the imminent introduction of the Bribery Act, John Starr outlines the new offences it creates and its implications for the construction industry ‘All organisations will need to have measures in place to counter bribery, including a statement of values, a code of conduct, detailed policies and procedures, risk management procedures, training and guidance, internal …
Continue reading "Construction Focus: Bribery Act 2010"
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