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Developers – Are Your Planning Permissions Lawful? Don’t Jump the Gun!

Unlawful planning permissions are regularly overturned by judges, and those who pre-empt their decisions by carrying out developments prematurely do so at their own risk. In one such case, however, the High Court found that a council was justified in refusing to take immediate enforcement action to remove an unauthorised fence. The case concerned a quarry set in...

Housing Development Undermined by Restrictive Covenant

Many housing estates are subject to restrictive covenants for the benefit of present and future residents and they can act as a control mechanism on development that is just as effective as the planning system. In one case that illustrated the point, a planning consent granted for the demolition of a house and its replacement by four new dwellings was deeply...

High Court Green Lights Demolition of 1960s Housing Estate

Many housing estates, particularly those built in the 1960s, are looking tired and no longer meet modern living requirements. However, as one High Court case showed, their regeneration presents a major challenge for local authorities. The case concerned a low density urban estate of 360 homes that was considered a model of its kind when it was built more than 50...

Termination of Leases – Tips for Landlords

In the present economic environment, many tenants will be seeking to vacate premises, reduce the size of their premises or renegotiate their leases, so times are tough for landlords. Furthermore, tenants who were ‘good tenants’ or who seemed financially strong may now be a less attractive proposition than they once were. Here are some tips for landlords to...

Basement Development Falls Foul of ‘Right to Daylight’

In densely populated urban areas, the right to daylight and not to feel overshadowed by new development is of ever increasing importance. The High Court made that point as it scotched plans for a subterranean building project in Central London. A company that managed a group of mansion blocks wished to install a one-storey basement extension, comprising an...

Affordable Housing Thresholds – High Court Guidance

Provision of affordable housing is an essential objective of the planning process but is not always popular with developers. In one High Court case, construction of four homes in a small village was blocked after the would-be developer withdrew an offer to contribute almost £120,000 towards affordable homes in the area. The case concerned the former car parking...