February 2018 #358 – Law Journals

Case round up

Rebecca Francis, Alexandra Foxon and Ed Socha summarise some of the key property decisions and lessons from 2017 UKI (Kingsway) Ltd v Westminster City Council [2017] A dispute arose regarding the council‘s service of a completion notice, the intended effect of which was to fix the date on which a building that had been redeveloped …

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Landlord and Tenant Act 1954: Smoke and mirrors

Paul Greatholder considers the current case law surrounding grounds (g) and (f), and looks at the implications of S Franses v The Cavendish Hotel ‘The S Franses decision potentially gives considerable support for landlords who are keen to remove business tenants at the end of their leases.‘ As will be well known, the Landlord and …

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Construction focus

Recent cases have shown that the courts will not look kindly on mistakes, as John Starr finds out ‘The court stated that the factors in CPR 3.9 must be given particular weight. The first factor (a) makes it clear that the court must consider the effect of the breach in every case; the second factor …

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CIL: Indexation and planning permissions

Christopher Cant examines the position should a post-s73 application seek to vary a pre-CIL parent planning permission ‘A variation by an s73 permission could be very minor and have no CIL consequences, such as a change in the exterior of the building or in trading hours. Notwithstanding this there would be a full CIL charge …

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Planning update: Neighbourhood plans v housing

As the need for housing gains increasing traction, to what extent are neighbourhood plans having to take a back seat? Lucy McDonnell investigates some recent decisions ‘Neighbourhood plans were supported by the December 2016 written ministerial statement, which strengthened their position, providing protection for plans in areas where local planning authorities can demonstrate a three-year …

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