February 2020 #378 – Law Journals

2020 in planning: What’s next in the planning pipeline?

Kathryn Hampton reviews ten expected planning changes due to take place this year ‘It is hoped that a standardised, government-backed model will encourage confidence in the shared ownership product and secure better mortgage deals for purchasers.’ A barrage of planning changes is about to hit the development sector, which are examined in further depth below. …

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Mortgages: Assessing secret commissions

Joe Edwards and Will Leney report on a case relating to mortgage enforceability and secret commissions ‘In this case, the court determined that the payments to UKFMS were fully secret commissions as Mrs Wood had not received written notice of the amounts in accordance with the broker’s terms and conditions.’ On 5 November 2019, the …

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Planning update: The boundaries of materiality

Ralph Kellas summarises a recent Supreme Court case concerning an onshore community wind turbine and considers the state of the law in light of it ‘It does not follow from the court’s judgment that a community fund can never be a material consideration. Clearly, it will depend on particular circumstances.’ In November 2019, the Supreme …

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Leasehold enfranchisement: Spotlight on the Law Commission’s report

The Law Commission has published its report on valuation in enfranchisement. James Carpenter examines its impact ‘Following consultation, the Law Commission intends to produce reports recommending reforms in relation to each aspect of the enfranchisement regime.’ On 9 January 2020 the Law Commission published its report on the ‘options to reduce the price of enfranchisement’. …

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CIL and section 106: The latest changes to the regime

Sophie Stewart, Felicity Wimbush and Alexandra Jones outline the 2019 Community Infrastructure Levy Regulations and what this means in practice for developers, particularly in relation to section 73 applications ‘The 2019 Regulations apply to planning permissions granted on or after 1 September 2019 or CIL liability notices issued after this date.’ The Community Infrastructure Levy …

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Real estate finance: Tips for the alternative lender

Ajoy Bose-Mallick considers trends in real estate finance as alternative lenders make up an increasing share of the market ‘Flexible funding solutions are desired by all borrowers but it is apparent that cracks have been developing. Some peer-to-peer lenders and bridging lenders have gone into administration and this has resulted in increased attention and questions …

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Construction focus: A year in construction cases

In the first of two articles John Starr highlights five recent decisions of importance reached in the TCC ‘Clancy Docwra is a useful reminder to practitioners to ensure that all the building contract documentation ties together, so that all allocations of risk and responsibility actually achieve the desired result.’ As we enter a new decade, …

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