Private sector development club - 18 August 2020

Legal Update

Hillside – the end of drop in applications?

On 2 November 2022, the Supreme Court handed down its judgment in the much awaiting case of Hillside Parks Ltd v Snowdonia National Park Authority [2022] UKSC 30. The Court’s judgment suggests that the long established practice of using drop-in applications is in fact much more restricted than previously thought. This judgment therefore has significant implications for both the developers and local planning authorities.

Press Release

Browne Jacobson’s retail lawyers advise Wilko on its strategic £48m sale and leaseback of Nottinghamshire distribution centre to DHL

National law firm Browne Jacobson has advised long standing retail client, Wilko on the sale and leaseback of its Nottinghamshire distribution centre in Worksop to logistics specialist DHL for £48m.

Press Release

Former Mace Group Legal Director joins Browne Jacobson as Non-Executive Director of its Construction & Real Estate sector

Browne Jacobson has appointed Amy Chapman, the former Group Legal Director of global built environment experts Mace Group, as its first Non-Executive Director (NED) of its Construction & Real Estate sector strategy board.

Press Release

Browne Jacobson advises Bromley Council on the first social housing initiative of its kind to tackle homelessness

Across the UK, homelessness is an urgent crisis, and one that is set to grow amid the rising cost of living. Local authorities are at the forefront of responding to this crisis, but with a lack of properties that are suitable for social housing across the UK, vulnerable individuals and families are often housed in temporary accommodation.

Legal Update

Investment Zones - getting the country working, building and growing

Investment zones have been introduced by the Conservative party to get the United Kingdom (UK) ‘working, building and growing’. They are to be designated sites which provide time-limited tax incentives, streamlined planning rules and wider support for local growth to encourage investment and accelerate the development of housing and infrastructure that the UK needs to drive economic growth. Processes and requirements that slow down development will be stripped back with the intention of attracting new investment.

Opinion

Rent arrears post-Covid: What are the landlord’s options?

Since the beginning of the pandemic, landlords and tenants have experienced significant limitations in the way rent arrears could be pursued. We first saw the moratorium on the recovery of Covid related arrears, and more recently we’ve experienced the implementation of the Covid arrears arbitration scheme.

Legal Update

Regeneration funding: Securing Compulsory Purchase Orders in the face of escalating building costs

The focus on the Levelling Up agenda and the availability of grant funding, means there are numerous important regeneration schemes actively being pursued across the country. With ever-escalating project and building costs, in many cases, applications that were made for grant funding were based on costs contingencies that have already been exceeded.

Published Article

RAAC planks and its impact on local authorities

Recent reports of flat roofs constructed using RAAC planks collapsing without warning prompted the SCOSS alert.

Legal Update

Conservation Covenants – what are they and how will they affect you?

Conservation Covenants come into force on 30 September 2022. We look at the impact on landowners, developers and responsible bodies.

Published Article

The Building Safety Act 2022: Navigating building liability orders

The Building Safety Act 2022 received Royal Assent on 28 April 2022 (“Act”). The government has described the reforms introduced by the Act as “the biggest changes to building safety regulation in a generation”. For once the hype is justified.

Published Article

Sustainability in construction

The climate emergency has reached a point where real and substantial damage is being caused to both the planet and society. There has been a shift from planning and theorising the most effective solutions, to a phase where practical, efficient, and sustainable solutions are required at speed.

Opinion

Responding to Grenfell – Slow progress is better than none

As the Grenfell Inquiry continues, how have the Phase 1 recommendations changed the fire safety and building safety landscape?

Legal Update

Balancing homelessness duties and housing stock: all change?

On 4 May 2022, the Court of Appeal handed down judgment in the joint case of R (Elkundi and others) -v- Birmingham City Council and R (Imam) -v- London Borough of Croydon [2022] EWCA Civ 601.

Published Article

Queen’s speech: planning reforms to be tackled via Levelling up Bill

This year’s Queen’s Speech has outlined several legislative changes and the overhauling of laws around levelling up, planning and economic crime that could affect conveyancers.

Legal Update

Is this the end of Section 106?

The Levelling-up and Regeneration Bill was introduced to Parliament on 11 May 2022. In this Bill, and in accordance with earlier reports, the government intends to replace section 106 agreements and the existing Community Infrastructure Levy (CIL) with a new Infrastructure Levy.

Opinion

Update: building safety repairs pledge signed by over 35 major housing developers

On 14 February 2022, Secretary of State of the Department for Levelling Up, Housing and Communities, Michael Gove, announced proposals designed to pressure building developers and materials manufacturers to fund the remediation of unsafe properties.

Legal Update

Modernising the planning system

Improvement to the planning system has arrived in the form of new digital tools which will make it easier for the general public to have their say on shaping and regenerating their communities.

Opinion

Building Safety Bill amendments

In March the government proposed a number of changes to the Building Safety Bill. The new amendments propose additional protection for leaseholders to prevent them from being charged for cladding work if they own up to three properties.

Legal Update

SPS Groundworks & Building Ltd v Mahil [2022] EWHC 371 (QB)

A seller failed on an auction sale to comply with its common law duty to disclose an overage obligation affecting the property.

Legal Update

W (No.3) GP (Nominee A ) Ltd and another v J D Sports Fashion Plc (Nottingham County Court, 22 October 2021)

The County Court refuses the landlord’s request to include a turnover rent in a statutory lease renewal.

Legal Update

Brooke Homes (Bicester) Ltd v Portfolio Property Partners Ltd & Others [2021] EWHC 3015 (Ch)

The court provides some useful guidance on the different types of endeavours obligations and good faith clauses.

Legal Update

Ventgrove Ltd v Kuehne Nagel Ltd 2021 CSOH 129

A tenant in Scotland had validly exercised a break option even though it failed to pay VAT on the break premium.

Legal Update

Real estate quarterly update – January to March 2022

Read more about our latest real estate update aimed at in-house lawyers practising in the property and real estate sector.

On-Demand

Private Sector Development Club - 18 January 2022

We welcome you back after the festive break to our first Private Sector Development Club of the year. Join us on-demand for four high level presentations with a chance for you to ask questions to our experts.

Guide

2022: Horizon scanning in construction

Legal Update

Bath Rugby Ltd v Greenwood and others [2021] EWCA Civ 1927

A 1922 restrictive covenant was unenforceable as it did not clearly identify the land intended to be benefited by it.

Legal Update

Kensquare Ltd v Boakye [2021] EWCA Civ 1725

Time was of the essence for the purposes of a landlord’s notice to increase a tenant’s interim service charge contribution.

Legal Update

Macey v Pizza Express (Restaurants) Ltd [2021] EWHC 2847 (Ch)

A landlord did not demonstrate the requisite intention required to oppose a statutory lease renewal underground (g).