September 2022 #400 – Law Journals

Planning: Pretty appealing

Nicola Gooch considers some recent High Court, Court of Appeal and Planning Appeal decisions The Court of Appeal has confirmed something that I have been advising clients for a very long time. When it comes to CIL, retrospective consents are extortionately expensive. Although planning may not be generally considered to be the ‘sexiest’ profession, it can …

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Biodiversity net gain: Still too many uncertainties?

BNG has been legislated in the Environment Act 2021, but Duncan Williams, Naomi Bull, and Kate Radford ask whether current timescales are realistic In simple terms, BNG refers to the process of ensuring that when development takes place, wildlife habitats are left in a measurably better and improved state than they were in before development …

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Electricity Network Infrastructure: Land rights and consents

Ed Cracknell considers the government’s call for evidence, closing in mid-September, seeking views on gaining consent and access to land as it looks to upgrade the UK’s electricity network The Call for Evidence considers the processes that apply to other types of utilities including the Electronic Communications Code and asks whether there are lessons that …

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Common intention constructive trusts: An agreement unravels

Professor Sukhninder Panesar considers a case where the court was required to consider whether a common intention construction trust arose on a transfer of property that was made under mistake Having established that the defendant did not have an interest under a common intention constructive trust, the question was what relief the court would grant …

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Planning and the public sector equality duty: A timely reminder

Tracy Lovejoy considers the public sector equality duty and its impact on planning decisions in the context of recent case law A failure by a local public authority to comply with its PSED is a legal error and the resulting planning decision can be judicially reviewed. As with many public functions, there is no private …

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Construction focus: When a collateral warranty is a construction contract

Daniel Burr and Sophie Togwell consider the outcome of a recent Court of Appeal decision It was held that, for a warranty to be a construction contract, it must be an agreement for the carrying out of construction operations, meaning it must relate to the performance of works rather than just the quality of work. …

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Nutrient pollution and housing development: Nutrient neutrality

Fiona Sawyer looks at the impact of nutrient pollution on development and considers Natural England and government’s proposed solutions to get housing going again Wherever a project is likely to have a significant effect on a protected site, which is not directly connected with or necessary to the management of that site, an HRA must …

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