Legal
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Judgment of Solomon upheld in heritage case
In Whitby v Secretary for Transport and others [2016] EWCA Civ 444 the Court of Appeal has given its reasons for dismissing challenges to the Transport and Works Act 1992…
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Landlords need to balance rights to build with a tenant’s entitlement to quiet enjoyment
Timothy Taylor Ltd v Mayfair House Corporation [2016] EWHC 1075 (Ch); [2016] PLSCS 136 raised, in acute form, the conflict between a tenant’s rights to use and enjoy premises that…
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BHS and Austin Reed: a silver lining?
While high street collapses are often met with doom and gloom, Karen Mason looks at the bright side for landlords
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Supermarket owners challenge plans for rival store in Moreton-in-Marsh
The owners of a supermarket in the Cotswold town of Moreton-in-Marsh asked London’s Court of Appeal to quash the local council’s decision to allow planning permission for a rival supermarket
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Upper Tribunal rules on relativity in lease extension test cases
The Upper Tribunal (Lands Chamber) (“UT”) has rejected a statistical model that could have transformed the way valuations are carried out in lease extension claims
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R (on the application of West Berkshire District Council and another) v Secretary of State for Communities and Local Government
Town and country planning Planning policy
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R (on the application of West Berkshire District Council and another) v Secretary of State for Communities and Local Government
Town and country planning – Planning policy – Affordable housing – Appellant secretary of state making changes to national policy in respect of planning obligations for affordable housing – Whether…
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Troubled waters – equalities duty and alternative sites failings fatal
In LDRA Ltd and other v Secretary of State for Communities and Local Government and others [2016] EWHC 950 the High Court quashed an inspector’s decision to grant permission on…
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You only get what you ask for – High Court confirms approach to unauthorised building immunity
In R (on the application of Waters) v Breckland District Council [2016] EWHC 951 (Admin) the High Court considered whether a planning authority determining an application for a certificate of…
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Magistrates’ Court told to reconsider approach to enforcement appeal
In London Borough of Newham v Miah and another [2016] EWHC 1043 (Admin) the High Court considered the grounds for challenging an enforcement notice (EN) where defects in service are…
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Rebranding the Broads as a National Park
In R (on the application of Harris) v Broads Authority [2016] EWHC 799 (Admin), the residents of the Broads applied for judicial review of a resolution by the Broads Authority…
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Unacceptable loss of employment land
In St Modwen Developments Ltd v Secretary of State for Communities and Local Government and another [2016] EWHC 968 (Admin), the High Court has agreed with a planning inspector’s conclusion…