Very short term lettings breached “private residence” covenant
A long lease contains a covenant “not to use the leased property (or permit it to be used) for any purpose whatsoever other than as a private residence.” If the long leaseholder advertises the property...
View ArticleCovenant for indemnity did not extend to own legal or surveyor’s fees
Where the only relevant tenant’s covenant (clause 4.1) is an obligation “to indemnify the Lessor against all actions proceedings costs claims and demands in respect of any breach non-observance or...
View ArticleConstruction Scheme would not fill shortfall in Scheduled Payments
Sections 109(1) and 110 of the Housing Grants, Construction and Regeneration Act 1996 (“the Act”) require instalment payments to be made for all work under a construction contract lasting 45 days or...
View ArticleConstruction: Failure to serve notices did not preclude further adjudication
In Kilker Projects Ltd v Purton (t/a Richwood Interiors) [2016] the High Court had to decide whether failure to serve a ‘payment notice’ or ‘pay less notice’ as required by the Housing Grants,...
View ArticleCourt issued claim within limitation period despite wrongness of fee
In a case where a Claimant innocently fails to pay the correct court fee close to the end of a limitation period the question may arise whether that action was “brought” within the limitation period....
View ArticleOld policies can remain part of a development plan
Where planning applications fall to be considered what is the position where old policies remain part of the development plan? The starting point, for the purposes of decision-making, remains section...
View ArticleLapsed Land Registry application saddles land with right of way
Where someone buys real estate they only have an equitable interest in it until it is registered in their name at the Land Registry. Registration perfects their legal ownership. Until that registration...
View ArticlePlanning permission failed to properly address impact on Green Belt openness
The National Planning Policy Framework (“NPPF”) says: “89. A local planning authority should regard the construction of new buildings as inappropriate in Green Belt. Exceptions to this … [include]: …...
View ArticlePlanning inspector had sufficient regard to viability of Grampian Condition
Paragraphs 203 and 206 of the National Planning Policy Framework say: “203. Local planning authorities should consider whether otherwise unacceptable development could be made acceptable through the...
View ArticleApplication cannot be made for a development that has already begun
Class A in Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 provides limited planning permission for “the enlargement, improvement or other...
View ArticleApplication could be refused despite lack of 5 Years’ Housing Supply
Paragraph 49 of the National Planning Policy Framework (“NPPF”) states that: “Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant...
View ArticleConstruction: Employer could not challenge adjudication in enforcement...
In construction disputes if an adjudicator has decided the issue referred to him, and he has acted in accordance with natural justice, his decision will be enforced by the court. The defendant must pay...
View ArticlePlanning: Flooding sequential test should have been applied
Policies in the National Planning Policy Framework (“NPPF”) cover development in “areas at risk of flooding”. These include the policy for the “sequential test” in paragraphs 100 to 104. “100....
View ArticlePlanning: the death of “interim planning guidance”?
Local planning authorities facing constant changes in legislation and national policy face practical difficulties keeping their local plans under review. Local planning authorities have produced...
View ArticleNo bar to the existence of recreational easements
There was no English (or Scottish) precedent authoritatively deciding whether or not an easement can legally exist to use a golf course, swimming pool or tennis court etc. In the High Court case of...
View ArticlePlanning Condition excluded the General Development Order
It is widely known that a planning condition on a planning consent can exclude the application of the Town and Country Planning (General Permitted Development) Amendment Regulations (England) Order...
View ArticleSupreme Court on sustainable development and the housing supply
Paragraph 49 of the National Planning Policy Framework (“NPPF”) says: Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies...
View ArticleNPPF Limitations on presumption in favour of sustainable development
Paragraph 14 of the National Planning Policy Framework (“NPPF”) says: “14. At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be...
View ArticlePlanning: Secretary of State should have allowed parties further representations
In the High Court case of Gladman Developments Ltd v Secretary of State for Communities And Local Government & Anor [2017] the Secretary of State rejected the Inspector’s recommendation to grant...
View ArticleNew Electronic Communications Code: Site Providers who are “Operators”.
The Electronic Communications Code gives licensed telecoms operators statutory rights to have equipment on private land. The Digital Economy Act 2017 contained a new Code with sweeping changes in...
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