Recent Planning and Environment – Page 3
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FeatureNorthern exposure
As part of our series on property law in other jurisdictions, Gilbert Nesbitt outlines the residential conveyancing process in Northern Ireland, including its dual land registration systems, and the regulatory landscape
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FeatureGood neighbours
Property lawyers in England may find themselves acting in transactions involving property in Wales, but with the law increasingly diverging, what changes do they need to know about? Huw Williams, Andrew Evans and Andrea Planchant explain
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AnalysisBlurred boundaries
The Court of Appeal in Wood v Waddrington has confirmed the approach the court will take with regards to the operation of section 62 of the Law of Property Act 1925 in relation to the creation of easements
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FeatureParty politics
Matthew Hearsum provides a back-to-basics guide for residential conveyancers to the Party Wall Act, including steps in relation to party walls that should be taken when acting for buyers
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FeatureBuild me up
Stephen Desmond provides an overview of the most common issues and pitfalls residential conveyancers may face in relation to building regulations
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FeatureRound the houses
Housing and house-building were key battlegrounds in the recent election. Daniel Pike outlines the parties’ various pledges, what changes we might see under the new government, and the role the state has to play in effective and affordable housing supply
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FeatureWater line
The new Flood Re scheme, covering insurance for properties at risk of flooding, is expected to come into force in July. Jo Morgan looks at recent developments to the scheme, and outlines practice points for practitioners
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FeatureMaking way
With the economy seemingly on the rise, and the government pushing forward with its plans for HS2, compulsory purchase schemes are back in the spotlight. Richard Flenley guides us through the process
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AnalysisSpotlight: Martin Retail Group Ltd v Crawley Borough Council
The Central London County Court has held that a permitted use restriction in a lease breached competition law and was therefore unenforceable.
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AnalysisTown and village greens: UKSC overturns House of Lords decision
Peter Reekie looks at a recent attempt to prevent development taking place on vacant land by applying to register it as a town and village green
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FeatureGreen and pleasant land?
The high-profile case of the undercroft on London’s South Bank has highlighted the continuing issues around town and village greens. Antonia Murillo explains the law and practice, and how solicitors should advise landowners wanting to develop unused land
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FeatureEnergy bar
Prospective legislation in the Energy Act 2011 could mean that from April 2018 landlords cannot let environmentally inefficient properties. Karin Horsley and Joanne Anderton outline the steps to take now
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FeatureAfter the flood
Insurance for properties at risk of flooding has been uncertain since the end of the ‘Statement of Principles’ last year. The new ‘Flood Re’ arrangement seems to offer light at the end of the tunnel, but, asks Jo Morgan , will it be fit for purpose?
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Analysis
R (on the application of Andrews) v Secretary of State for Environment, Food and Rural Affairs
In a test case with the potential to affect 500 to 1,000 other public rights of way, the claimant challenged the defendant Secretary of State’s decision, upholding a local authority’s refusal to modify the definitive map of the area to include a public bridleway.
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Analysis
Balevents Ltd v Sartori
The claimants brought proceedings against the defendant, contending that he held registered title in respect of part of a pavement in front of a club on a constructive trust for one of them and that the register should be rectified accordingly.
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Analysis
Coventry v Lawrence
The claimants brought a nuisance action against the defendant in respect of the noise generated by motor sports conducted on their land.
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Analysis
Adamson & Others v Paddico (267) Ltd and Taylor v Betterment Properties (Weymouth) Ltd
Two appeals from decisions of the Court of Appeal concerning applications made by the respective landowners under section 14 of the Commons Registration Act 1965 to rectify the register of town and village greens
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Analysis
EU Plants Ltd v Wokingham Borough Council
A judicial review application relating to alleged abuse of tree preservation order powers by a local authority.
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FeatureRinging the changes
Duncan Field outlines a number of recent additions and amendments to permitted development rights, including on change of use and residential extensions
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FeatureThe ties that bind
The enforceability and modification of restrictive covenants in freehold land present many uncertainties. Michael Poulsom examines how five recent cases might be of assistance to practitioners
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