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Legal wrap: Part-built developments, the Register of Overseas Entities and more

Welcome to your weekly round-up of the pick of the content published on EG Legal.

With further details awaited on the Register of Overseas Entities that is to be established pursuant to the Economic Crime (Transparency and Enforcement) Act 2022, those dealing with land should start planning now for its impact on transactions – and our experts have some practical tips to share.

In addition, we have a useful article on the complexities of buying and resuming a stalled development. Other topics include certificates of lawfulness, the decarbonisation of heating systems and the impact of permitted development rights on telecoms.

Legal news

Judge rejects residents’ argument in Lambeth planning case
Lawyers say the judgment establishes an “important principle” – to consider the impact on residents

High Court to hear challenge to ‘planning unit’ approach to permitted development
Hadrian Property Investment is seeking to convert disused Westgate Road Police Station

HS2 protestor must pay £25,000 legal costs, Court of Appeal rules
Protestors do not have the right to protest on any land they want to protest on

Legal features

What’s involved with rescuing stalled developments?
Bill Chandler highlights some of the issues developers need to address when considering acquiring a part-built development

Register of Overseas Entities: why it will pay to invest your time now
Alison Murrin and Emma Broad offer practical tips for tackling the new Register of Overseas Entities

The fundamentals of lawfulness
Caroline Stares answers 10 key questions on certificates of lawfulness

Decarbonisation: a key piece of the retrofit puzzle?
Megan Coulton and Hannah Giebus address how the decarbonisation of heat fits into the UK’s retrofit challenge

Is the green taxonomy a burden or a game changer?
It could provide insight and clarity for investors wanting to launch ESG-focused funds, writes Jane Boyle

The Telecoms Code: staying connected
Robert Garden explains the recent changes to extend permitted development rights

Legal note: The significance of retainers in negligence cases
Louise Clark analyses how a loss of opportunity claim against solicitors turned on the existence of a retainer

Practice points

Taking notice of an address for serving notices
Obi-Ezekpazu v Avon Ground Rents Ltd

High Court asked to determine ‘structure’ in alterations case
BMR Bagshott Ltd v Dorchester Mansions 1997 Ltd

Structural issues are matters for building control, not the planning regime
Vanbrugh Court Residents’ Association v London Borough of Lambeth and others

Case summaries

R (on the application of Goesa Ltd) v Eastleigh Borough Council
Town and country planning – Planning permission – Legitimate expectation

Vanbrugh Court Residents’ Association v Lambeth London Borough Council
Town and country planning – Planning permission – Material consideration

R (on the application of Suliman) v Bournemouth, Christchurch and Poole Council
Town and country planning – Planning permission – Conditions

Nicholas James Care Homes Ltd v Liberty Homes (Kent) Ltd
Adjudication – Enforcement proceedings – Freezing order

Law report

Cheshire Cavity Storage 1 Ltd and another v Commissioners of HM Revenue
Taxation – Capital Allowances – Storage cavities

 

For more legal articles and to search our extensive archive, visit EG Legal 


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