November 2011 #279 – Law Journals

Planning: Viability issues

Roy Pinnock and Stephen Ashworth consider some key areas in which greater clarity is needed if development and growth are to become more realistic prospects ‘Affordable housing, good design and sustainability measures are not optional. National and professional guidance should clarify that while lack of viability may be an excuse for policy non-compliance, it should …

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Case Study: Good intentions

Richard Roberts discusses a ruling concerning the landlord’s intention, when a landlord is seeking to oppose the grant of a new business tenancy on the grounds of repossession ‘It was not for the court to decide whether ABP’s stated objective would be successful or economically viable, provided that it had a reasonable prospect of being …

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Travellers: The battle of Dale Farm

Martin Goodall reviews the underlying legal issues behind the headline High Court case and asks what the decision means for the future relationship between local planning authorities and travelling communities ‘A local planning authority should not be deterred from enforcement action, if it has decided that it is in the public interest just because it …

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Landlord And Tenant Update: Lease renewal in troubled times

Paul Tonkin considers three recent cases involving the 1954 Act and its mechanics ‘The administrators refused consent to continue the proceedings on the basis that they needed six to 12 months in which to put together a viable scheme to redevelop the premises so as to make out the ground of opposition. Spring applied to …

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Environmental Impacts Assessments: A case law update

Nigel Hewitson provides a brief summary of the changes effected by the new 2011 EIA Regulations and highlights some of the more important EIA cases from 2010 and 2011 ‘The revised EIA Regulations came into force on 24 August. They take in a decade of amendments since the introduction of the 1999 EIA Regulations and …

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Joint Ownership: How to avoid getting less than you bargain for

Simon Leney explains why conveyancers should change the advice they give to joint buyers of property ‘This story highlights the risks inherent in the use of a joint tenancy, and illustrates my view that more attention should be given to the ownership arrangements when more than one owner buys a property, specifically when they aren’t …

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