Legal wrap: Injunctions, repurposing property and the Tate Modern ruling

Welcome to your weekly round-up of the pick of the content published on EG Legal. This week, we publish a broad range of content, including an article that sets out the planning considerations that developers need to keep front of mind when repurposing property. We also publish a guide to injunctions, as well as an article that sets out why, despite the challenging economic headwinds, valuers should not fear a recession in 2023 because of some of the lessons learnt from the last financial crash. In addition, we look at a range of cases in Practice Points and Legal Notes, and address questions arising from the Tate Modern Supreme Court decision. Legal news Property litigators call for a ‘streamlined’ Landlord and Tenant Act PLA survey finds Act strikes “fair balance” but there is “urgent need” to streamline process Streamlining for business growth: the PLA view on 1954 Act reform LISTEN Jess Harrold talks to the leadership of the Property Litigation Association City solicitor loses right of way battle with neighbouring developer farmer Claim over road access to Sevenoaks barn conversions dismissed My Old Dutch has Covid-19 rent arbitration request rejected Pancake chain pandemic claim falls flat when evidence not submitted Legal features Landlord and Tenant Act 1954: what might reform look like? Paul Tonkin draws conclusions from the PLA’s survey to highlight areas where the Law Commission may make reforms EPCs: don’t rest on your laurels north of the border What does the new energy performance certificate regime in England and Wales mean for Scotland? By Chris McLeish Injunctions: the complete works Rashpal Soomal and Kate Poole set out everything a developer needs to know about injunctions Legal Notes: Hitting the (party) wall An adjoining owner cannot unilaterally trigger dispute resolution under the Party Wall etc Act 1996. By Louise Clark Q&A: What constitutes a nuisance? James Souter and James Hanham reflect on the practical questions arising from the Supreme Court’s decision in the Tate Modern case Fit for repurposing? David Wood considers the planning implications of repurposing existing buildings Lessons from history – why valuers should not fear a recession Alexandra Anderson considers some of the lessons learnt from the last financial crash Practice points Statutory planning obligations to prevent harm to listed buildings are demanding East Quayside 12 LLP v Newcastle City Council Business premises renovation allowance: what is the statute aimed at and does the transaction qualify? London Luton Hotel BPRA Property Fund LLP v Commissioners of HM Revenue and Customs Tribunal misled, but manager not discharged Orchard and another v Mooney and others Confirmation that single act of a landlord is capable of constituting harassment Wu v Chelmsford City Council What is the ‘original building’ in planning terms? Guildford Borough Council v Secretary of State for Levelling Up, Housing and Communities Section 73 variations are not restricted to ‘minor variations’ Armstrong v Secretary of State for Levelling Up, Housing and Communities Inspector’s decision to dismiss appeal procedurally unfair Bounces Properties Ltd v Secretary of State for Levelling Up, Housing and Communities Case summaries London Luton Hotel BPRA Property Fund LLP v Commissioners of HM Revenue and Customs Taxation – Capital allowances – Business premises renovation allowance (BPRA) The How Development 1 Ltd v Commissioners of HM Revenue and Customs Taxation – Stamp duty land tax – Residential property East Quayside 12 LLP v Newcastle City Council Town and country planning – Planning permission – Listed building Orchard and another v Mooney and others Landlord and tenant – Appointment of manager – Discharge 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