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We often get asked, when clients are faced with obstinate and, frankly, slow local authorities dealing with planning applications or s106 agreements, whether we can threaten legal action (other than planning appeals).  Most of the time this is just letting off steam, but what is the answer?

A recent 140-page judgment in the case of Primavera v Hertsmere Borough Council (2022) considered if, and in what circumstances, a local planning authority might be liable for negligence for the way it dealt with a planning application.…

Continue Reading Our top 6 Planning Law takeaways in 2022 – Part 3: What to do when the planners delay

The widely anticipated judgement of the case of Fearn and Others v Board of Trustees of the Tate Gallery from the Supreme Court was delivered on 1 February 2023, opening up the potential for many new claims of nuisance by way visual intrusion.

The Facts of the Case

The Tate Modern contains a public viewing platform on its top floor (constructed in 2016), which provides views over the city of London to hundreds of thousands of visitors each year, but also a direct view into a number of residential flats (constructed some four years prior) which are located nearby, and which were built with floor to ceiling glass panels. The claimants are residents of four flats who originally brought a claim in nuisance and sought an injunction requiring the Tate Modern to prevent members of the public from being able to look into their homes, by cordoning off or screening the part of the viewing platform.…

Continue Reading A room with a view…. and a nuisance – The Tate Modern

Introduction

English property law has developed a sophisticated system of property rights in land, to enable joint ownership of land and to regulate successive interests in the same land over a period of time.  This was largely achieved by the recognition of an additional type of interest in land, separate from the legal title. An equitable interest could, in certain circumstances, be untethered from the legal title and become a separate right.  This is seen most often in situations where two or more parties own land together.  They are joint legal owners – both names will appear on the title register – but they also hold the entire beneficial interest on trust for each other.…

Continue Reading No going back: the transfer of beneficial interests in land

When acquiring a property for development, covenants that restrict the type or form of development always need to be carefully considered. There are a number of ways in which restrictive covenants can be addressed, and in two recent cases developers sought to have the relevant restrictive covenants discharged following the grant of planning permission.…

Continue Reading When are restrictive covenants not development constraints?

Introduction

Reform of the regime governing residential long leaseholds (leases of dwellings for a term of twenty one years or more) has been going on for over fifty years.  The latest reform is to restrict a landlord’s ability to charge ground rent on top of an initial premium paid on the grant of the lease.  Ground rent is a sum the tenant pays annually, in addition to the lump sum for the lease itself.  Unlike insurance rent and service charges which the tenant must also pay, ground rent is seen as an ongoing windfall for the landlord, as it is not referable to provision of a service.…

Continue Reading Leasehold Reform (Ground Rent) Act 2022

Last week the UK Government published its long-awaited proposals for reform of the planning system in England and Wales, in the Levelling-Up and Regeneration Bill.

Back in June 2020, radical reforms to the planning system were proposed, including introducing zoning and deemed planning permission in designated growth areas.  Despite the abandonment of these far-reaching reforms, the proposals set out in the Bill, are significant.  The main changes are as follows.…

Continue Reading Levelling Up and Planning Reform

Building reflections in the city of London

The tragic events in Ukraine have caused Western governments to take various steps to cause economic damage to the Russian state, Russian companies and Russian nationals. In coordination with other governments, the UK Government has imposed escalating sanctions, which we are tracking here.

As part of this approach the UK Government has also brought forward the publication of the Economic Crime (Transparency and Enforcement) Bill (the “Bill”) – indeed Prime Minister Boris Johnson said that “There is no place for dirty money in the UK. We are going faster and harder to tear back the façade that those supporting Putin’s campaign of destruction have been hiding behind for so long. Those backing Putin have been put on notice: there will be nowhere to hide your ill-gotten gains.”…

Continue Reading The new economic crime bill – greater transparency of property ownership in the UK?

The Chancellor of the Exchequer Rishi Sunak delivered the Autumn Budget for 2021 on 27 October 2021 and draft legislation was published on 4 November 2021 in the Finance Bill. The majority of the Budget announcement were focused on recovering the economy from COVID-19’s impact and preparing the UK marketplace to be competitive in a post Brexit world, with limited changes to the real estate sector.
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Continue Reading Autumn Budget 2021: Real estate focused updates

residential houses

The government has launched the Building Safety Bill, which sets out a new regulatory regime for high-rise residential and other in-scope buildings, based on Dame Judith Hackitt’s review, following the Grenfell tragedy. The Bill, which has had its first reading in the House of Commons, will, as currently drafted:

  • establish the Building Safety Regulator within

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