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
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