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The Planning System is Full of Pitfalls but a Good Lawyer Can Ease the Way

Obtaining planning permission can be a tricky business, replete with legal pitfalls, and taking expert advice is always wise if you want your building project to succeed. The point was soundly made by one case in which the High Court gave the green light to conversion of a terraced house into three flats. The local authority had refused consent for the...

Retrieving Gifts from Former Loved Ones Can Be an Uphill Struggle!

Those who shower presents on loved ones, or share property with them, sadly often come to regret their generosity after relationships sour. However, as one case showed, it is extremely difficult to retrieve such gifts after the event. The case concerned a lengthy same-sex relationship between a businesswoman and a law graduate that had broken up acrimoniously....

Factual Blunder Undermines Care Home Planning Permission

Decisions made by local authority planning committees can only ever be as good as the information that is put before them. In a case on point, the High Court overturned planning consent for a care home development on the basis that councillors had been significantly misled by an officer’s report. The committee granted permission for the 64-bed facility despite...

What Is A ‘Useful Purpose’ In Planning Terms? High Court Guidance

Developers can only be required to contribute to the cost of community facilities and infrastructure if they serve a useful purpose that is connected to the project in hand. In a guideline decision, however, the High Court has ruled that such a purpose may include the fair recovery of public funds. As long ago as 1998, a council had granted consent for a mixed...

Flat Tenants – Taking Over Management of Your Homes Needs Legal Advice

Flat tenants who wish to take over management of the blocks where they live can very easily be bamboozled by legal complexity without the benefit of professional advice. In a case on point, one such attempt to achieve self-determination was defeated by a fine legal point that even experts found it difficult to resolve. The tenants of 95 flats in a seven-storey...

Imperative of Valued Landscape Protection Trumps House Building Plans

Local authorities that do not have a five-year supply of housing land in place take the risk that planning permission will be granted for developments they consider undesirable. However, as a High Court case showed, even in such situations consent will not be forthcoming for projects that harm valued landscapes. The case concerned a proposal to build 175 new...