November 2011 #280 – Law Journals

Planning Conditions: (Un)lawful commencement of development

Chris Devlin assesses the outcome of some key cases concerning the interaction of planning conditions and the lawful commencement of development ‘Only in exceptional circumstances may planning permission be implemented where pre-commencement of development planning conditions have not been discharged.’Planning permissions must be implemented within strict time limits, unless expressly agreed otherwise with the Local …

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Collective Enfranchisement: A question of contract or estate?

Natasha Rees examines a case that considers the status of a tenant where the lease is assigned in parts without the knowledge of the landlord ‘An assignment of part of the leased property by which the property is physically severed has the effect that the holder of each severed part has privity of estate with …

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Option Agreements: Development and site assembly

Nathan Rees assesses the issues to consider when negotiating an option agreement, and the possible alternatives ‘There are a number of commercial and legal issues to be considered in connection with option agreements, which are relevant to both the landowner and the developer.’An option to purchase (that is, a call option) is an incredibly useful …

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Dilapidations Protocol: Adoption and rebirth

Keith Conway looks at the new edition of the Protocol that is due to be adopted as part of the CPR in early 2012 ‘In spring 2009, the Civil Justice Council finally recommended to the Master of the Rolls that the Protocol be formally adopted as part of the Civil Procedure Rules.’The weaker prospects for …

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Construction Focus: Adjudicators’ fees

John Starr reviews a recent case involving the reasonableness of the fees charged The Construction Act (that is to say the Housing Grants, Construction and Regeneration Act 1996, as recently amended by the Local Democracy, Economic Development and Construction Act 2009) gives the parties to a construction contract the right to refer their disputes to …

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Planning And Environment Focus: A positive change?

In the first of a new monthly column by King & Wood Mallesons SJ Berwin LLP , Joann Fernandes provides an overview of the Localism Bill and the National Planning Policy Framework The Localism Bill was published and introduced to the House of Commons on 13 December 2010. It includes provisions relating to local government, …

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Declarations Of Trust: Taking someone at their word

Mark Pawlowski asks whether a spouse or unmarried partner can acquire a beneficial share in property by relying on the owner’s informal declaration of trust ‘Although an isolated loose conversation will not be enough to uphold a valid declaration of trust (see Jones v Lock [1865]), the repetition of words by the owner, especially in …

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