Legal wrap: Smart buildings, National Policy Statements and biodiversity

This week, we conclude our smart buildings series with a look at the major due diligence considerations necessary prior to the implementation of the requisite technology. In addition, we take a look at the latest consultation drafts of proposed revisions to the National Policy Statements that set government policy for determining applications for nationally significant energy infrastructure. Other topics include biodiversity net gain and compulsory purchase orders. Legal news Knight Frank and ECP sued by Saudi businessman over hotel portfolio sale Properties valued at around £25m sold despite claim of better offer Tenanted Luton flats must be turned back into office block, High Court rules Developer didn’t seek a certificate of lawful use Legal features Due diligence on smart buildings Tim Streather and Jackie Newstead outline the considerations involved in implementing necessary tech in smart buildings Honing in on the detail: Changes to the energy infrastructure policy Paul Maile and Peter Nesbit address the latest revisions to the government’s policy on nationally significant energy infrastructure Rural View: What price biodiversity? Comment With the commencement date looming, Charles Cowap considers what net gain rules will cost providers Lessons learnt: Compulsory purchase orders David Mathias takes a look at the secretary of state’s decision not to confirm two prominent CPOs Notices: where are we now? Richard Granby asks, does a recent Court of Appeal decision suggest a move away from the “modern” approach to validity? Q&A: Commission fees – finders, keepers? Laura Bushaway and David Nicholls answer a question about whether a finder’s fee was payable Legal note: Rent repayment orders – what amounts to a reasonable excuse? Repayments can be avoided if the landlord has a defence of reasonable excuse, writes Elizabeth Dwomoh Practice points Procedural irregularity does not matter if outcome would be the same Thomas v Porter Restrictive covenant: a matter of construction McDonagh and another v Reeve High Court grants local authority injunction to restrain development of land Maidstone Borough Council v Brazil and others Defence failed to establish surrender of joint tenancy City of Westminster Council v Kazam and another Fresh evidence showed conduct not unreasonable and so costs order set aside Orchard and another v Mooney and others Injunction preventing moratorium applications not continued Kaye v Lees Demolition of a dangerous structure requires planning permission Samuel Smith Old Brewery (Tadcaster) v Redcar and Cleveland Borough Council Case summaries Re Cammiade: Application under section 84 of Law of Property Act 1925 Restrictive covenants – Section 84(1) of Law of Property Act 1925 – Discharge Trail Riders Fellowship v Secretary of State for Environment, Food and Rural Affairs and another Right of way – Definitive map – Footpath Law report Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd Landlord and tenant – Service charges – Certification Legislation tracker The Mobile Homes (Pitch Fees) Act 2023 amends the provisions about pitch fees in the Mobile Homes Act 1983. For more legal articles and to search our extensive archive, visit EG Legal  To send feedback, e-mail jess.harrold@eg.co.uk or tweet @EGPropertyNews