Property & Planning

The Law of Compulsory Purchase

The Neighbourhood Planning Act 2017 was the third of three recent enactments which have made major changes to the statutory provisions relating to compulsory purchase of land (or rights over land) and the assessment of compensation in consequence. The Localism Act 2011, Part 9 and the Neighbourhood Planning Act 2017, Part 2 together enact the. Read more

Modern drafting conventions

This blog item is based on a much longer article in the National Infrastructure Planning Handbook 2018. Inspectors at DCO drafting Issue Specific Hearings have started to require promoters to adopt ‘modern’ drafting conventions for the wording of Development Consent Orders (DCOs). For many established practitioners this may be unfamiliar territory. DCOs are nearly always. Read more

Vying for Importance and Peculiarity – the rules relating to Restrictive Covenants, and those relating to Positive/Negative Covenants

Vying for Importance and Peculiarity – the rules relating to Restrictive Covenants, and those relating to Positive/Negative Covenants

The rules relating to restrictive covenants have grown up over a period of 170 years, but are complex, and can at times be surprising. For example, on the sale of land a covenant may provide that no building shall be constructed, or alteration made to a building, without consent to the plans being first obtained. Read more

New Development Orders in England

New Development Orders in England

New development orders will come into force in England from 15th April 2015: The Town and Country Planning Development Management Procedure (England) Order 2015 replaces the Town and Country Planning Development Management Procedure (England) Order 2010 The Town and Country Planning (General Permitted Development) (England) Order 2015 replaces the Town and Country Planning (General Permitted. Read more

Publication Review: Planning Enforcement by Richard Harwood QC

Publication Review: Planning Enforcement by Richard Harwood QC

Reviewed by Chris Bevan* for The Conveyancer and Property Lawyer, 2014 The image on the cover of this, the second edition of Richard Harwood QC’s leading text on “Planning Enforcement” depicting as it does a now infamous scene from the traveller site once situated at Dale Farm in Essex, paints a vivid and doubtless apt picture. Read more

Statutory Nuisance, Third Edition

Statutory Nuisance, Third Edition

Statutory Nuisance, Third Edition Robert McCracken QC, Gregory Jones QC & James Pereira   How helpful are statutory nuisance laws? Statutory nuisance remedies were intended to be speedy, cheap and readily accessible to ordinary people, but most recent news stories show that the complexities of recent laws and further technical difficulties have led to cases. Read more

Environmental Impact Assessments – size matters

Environmental Impact Assessments – size matters

Environmental Impact Assessments (EIAs), which are required in large-scale planning applications, are supposed to ensure that planning decisions take into consideration the environmental effects of any significant development. Recently, though, some people have been asking whether some environmentally damaging developments are slipping through the net. The EIA regime that operates in the UK is based. Read more

Nearly 10 years on from the Land Registration Act 2002, adverse possession remains a lively topic of litigation at all levels

Nearly 10 years on from the Land Registration Act 2002, adverse possession remains a lively topic of litigation at all levels

Adverse Possession, Second Edition Click here for more information and to purchase this title. Reports of the death of adverse possession have been greatly exaggerated Nearly 10 years on from the Land Registration Act 2002, adverse possession remains a lively topic of litigation at all levels, according to Stephen Jourdan QC and Oliver Radley-Gardner authors. Read more

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