April 2011 #267 – Law Journals

Planning Permission: Unnecessary undertakings

Victoria Leam considers the issues surrounding a case where a developer’s unilateral undertaking remained enforceable despite a finding that it was unnecessary ‘These days, even when there is little dispute with the council, undertakings are routinely prepared and submitted for ease and speed or in the hope that an inspector will allow the appeal, taking …

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Severance Clauses: Do we need them?

Laurie Heller discusses the legal principles relating to severance clauses and their effectiveness in practice ‘It is submitted that a severance provision of general application will seldom have any practical effect as being too abstract, and the courts will take little notice of it in applying general principles.’Most practitioners will be familiar with the typical …

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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 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 …

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Planning And Environment Focus: Potential changes to the contaminated land regime

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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, …

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Infrastructure: Mind the gap

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 …

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Contaminated Land: The proposed regime in detail

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 …

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Case Study: Pure economic loss re-examined

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 …

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Budget 2011: Business taxation

Elizabeth Small and Michael Armstrong address the issues that will be of immediate interest to anyone in the property arena ‘The chancellor introduced a new anti-avoidance strategy aimed at preventing people “using the tax law to get an advantage that Parliament never intended”.’George Osborne declared Britain ‘open for business’ in his budget speech on 23 …

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