One Source Dec 19 Deputy Director

Tower Hamlets Dec 19 Updated 600

Compensation under the Assets of Community Value Regime

Christopher Cant looks at the lessons to be learned from a First-tier Tribunal case on compensation claims under the Assets of Community Value (ACV) regime. Read more
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Dec 11, 2019

Supreme Court allows appeals by land-owning public bodies in dispute over statutory incompatibility and village green registration

The Supreme Court has by a 3-2 majority allowed appeals by Lancashire County Council and NHS Property Services over whether statutory incompatibility defeats an application to register land as a town or village green where the land is held by the public authority for statutory purposes.
Dec 06, 2019

Dispute over empty properties and £10m+ in business rates to go to Supreme Court

The Supreme Court has agreed to hear a dispute over empty commercial properties and whether councils are owed more than £10m in business rates arrears.
Dec 05, 2019

Supreme Court to hand down key ruling next week on village greens and land held by public bodies pursuant to statutory powers

The Supreme Court will next week (11 December) hand down a key judgment on village green registration where publically accessible land is held by public authorities pursuant to statutory powers.
Dec 03, 2019

Kings Chambers barrister secures three CPO confirmations for council at public inquiry

Piers Riley-Smith of Kings Chambers has recently secured confirmation of three compulsory purchase orders (CPOs) for City of Bradford Metropolitan District Council, all at public inquiry.
Nov 29, 2019

Council submits £130m claims in High Court bid to recover costs under housing estate maintenance PFI

Camden Council has submitted claims to the High Court to recover costs from the contractor PFIC (Partners for Improvement in Camden) and its principal subcontractors, who previously had responsibility for refurbishment and maintenance of the Chalcots Estate, under a private finance initiative agreement.
Nov 27, 2019

University loses Court of Appeal battle over Electronic Communications Code and access rights for operators

The University of London has lost an appeal over whether the Upper Tribunal has power under the Electronic Communications Code to impose on the occupier of a building an agreement permitting access by an operator to determine whether that building is suitable for the installation of electronic communications apparatus.
Nov 26, 2019

DAC Beachcroft advises North West council on £47m shopping centre acquisition

DAC Beachcroft has advised Blackpool Council on its £47m purchase of the town’s Houndshill Shopping Centre from the receivers of its previous owners, BCC Eiffel.
Nov 22, 2019

Council able to correct Adopted Policies Map to show land inside Green Belt instead of outside of it: High Court

Vale of White Horse District Council had the right to correct an error on a map of Green Belt boundaries without going through a complete consultation on the matter, the High Court has ruled.
Nov 18, 2019

London council to take battle over borough-wide injunction and camping on open spaces to Court of Appeal next month

The Court of Appeal will next month (3 December) hear an appeal by Bromley Council over the High Court’s refusal to extend an interim injunction prohibiting camping on 171 open spaces and car parks in the borough.
Nov 14, 2019

Secretary of State fails in High Court bid to wind up business rates mitigation companies

The High Court has refused to wind up two business rates mitigation companies alleged by the Secretary of State for Business, Energy and Industrial Strategy to be engaged in an abuse of the liquidation process.
Nov 07, 2019

London borough fails in Upper Tribunal appeal over services charges and heating system renovation

The London Borough of Southwark has lost a case in the Upper Tribunal (Lands Chamber) over whether it can impose service charges on leaseholders on an estate where the heating system pipework has been renovated.
Oct 29, 2019

Chancery Division of High Court hears battle between council and tenant over water agreements and ‘re-selling’

The High Court is this week hearing a test case that will consider whether local authorities and housing associations have acted lawfully in failing to pass on to their tenants any discount or commission agreed with water companies.


December 06, 2019

Climate emergency #4: have you thought about Retrofitting?

Maxim Laithwaite, David Hutton and Nathan Bradberry analyse how local authorities and registered providers can use retrofitting to help deliver on climate emergencies.
December 06, 2019

Climate emergency #3: have you thought about New Housing?

In the latest of a series of articles on how local authorities can respond to a climate emergency, Maxim Laithwaite and David Hutton consider the opportunities provided by new housing?
November 22, 2019

‘Code Red’ - Guidance for landowners on the (New) Electronic Communications Code

Were the initial anxieties of public and private sector landowners about the Electronic Communications Code justified? James Nelson, Lillee Reid-Hunt and Nicholas Grundy QC examine its impact.
November 22, 2019

Implications of the Giordano decision for CIL

A recent Court of Appeal decision in relation to the Community Infrastructure Levy (CIL) has significant implications - and some odd consequences, writes Christopher Cant.
November 22, 2019

Applying heritage policies: levels of harm

A High Court judge has recently issued an important ruling concerning the application of heritage policies. Killian Garvey and Philip Robson examine the outcome.
November 14, 2019

Intellectual Property (IP) essentials for the public sector

Ben Travers examines how public bodies can protect their interests when it comes to intellectual property.
November 14, 2019

Social housing restrictions – is Homes England consent required or not?

Tanya Edmonds looks at the uncertainty around Land Registry restrictions when social housing providers dispose of land.
November 08, 2019

Unoccupied properties and immunity from enforcement action

A London borough recently succeeded in an important High Court challenge to the Secretary of State’s approach to immunity from enforcement action. Charles Streeten explains why.
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Oct 23, 2019

Council secures £420k fines for developer and contractor over felling of rare Giant Redwood and other protected trees

A developer, his company and a tree contractor have been fined a combined £420,000 after breaching tree preservation regulations attached to trees near a site that the company was developing.
Oct 22, 2019

Local authority wins High Court dispute with developers over operation of overage mechanism

A local authority has won a High Court battle with a consortium of developers over the interpretation of an overage provision in a s.106 agreement, it has been reported.
Oct 18, 2019

Ombudsman criticises two London boroughs over way they sought to recover historic business rate debts

The Local Government and Social Care Ombudsman has criticised two London councils for the way they tried to recover historic business rate debts.
Oct 17, 2019

County council defeats Court of Appeal challenge over designation of rights of way

The Court of Appeal has rejected a case brought by a landowner against Cumbria County Council over the designation of public rights of way.
Oct 11, 2019

Local authority defeats bid for relief against forfeiture of lease for non-payment of service charges

A High Court master has dismissed a claim against the London Borough of Lambeth for relief against forfeiture for non-payment of service charges reserved as rent.
Oct 09, 2019

High Court to hear challenge to CPO that campaigners say would see end of ‘Latin Village’

The High Court is this week hearing a legal challenge to a compulsory purchase order affecting what is said to be the UK’s only ‘Latin village’.
Oct 09, 2019

Court of Appeal dismisses procurement challenge over award of leases for land housing outdoor advertising structures

The Court of Appeal has rejected a legal challenge to a London borough’s award of leases for land on which structures that support large digital advertising screens are situated.
Oct 03, 2019

Supreme Court to hear dispute over registration of part of port as town or village green

The Supreme Court has agreed to hear a port operator’s appeal in a dispute over Essex County Council’s decision to register part of a port as a town or village green (TVG), it has emerged.
Sep 25, 2019

Council hit by judicial review challenge over planning permission for site near scheduled ancient monument

Campaigners have launched a judicial review challenge over Folkestone and Hythe District Council’s decision to grant planning permission for development on land adjacent to the Royal Military Canal, a scheduled ancient monument.
Sep 18, 2019

Landmark Chambers barristers advise Birmingham on Commonwealth Games CPO

John Hobson QC and Admas Habteslasie of Landmark Chambers represented Birmingham City Council on obtaining, following a public inquiry, the confirmation of the Compulsory Purchase Order (CPO) for the 2022 Commonwealth Games.
Sep 16, 2019

Councils withholding or heavily redacting information requested under Local Audit and Accountability Act 2014: report

Local authorities are refusing to let the public access key information on how their money is being spent, the Bureau of Investigative Journalism has claimed.
Sep 11, 2019

Barking & Dagenham legal team obtains interim borough-wide unauthorised encampment injunction for Thurrock

The Legal Services team at Barking and Dagenham Council has this month successfully obtained an interim ‘borough wide unauthorised encampment injunction’ for Thurrock Council.
Sep 09, 2019

Electronic signatures can be used to execute documents as long as usual rules are met: Law Commission

Electronic signatures can be used to execute documents, including where there is a statutory requirement for a signature, the Law Commission has said.
Aug 29, 2019

Judge refuses “without much enthusiasm” appeal by council over grant of retrospective planning permission

A High Court judge has “without much enthusiasm” refused an appeal by the London Borough of Tower Hamlets against an inspector’s grant of retrospective planning permission to demolish three homes.
Aug 28, 2019

Browne Jacobson advises council on key cyber central development acquisition

Law firm Browne Jacobson has advised Cheltenham Borough Council on its £37.5m investment into a cyber central development in the West Cheltenham area.
Aug 15, 2019

Claimants eye legal action against developer and possibly council over former gasworks site

A residential developer has said it will “vigorously oppose” an attempt at crowdfunded legal action against a project in west London.
Aug 07, 2019

Councils in England issue 190,000+ summons for non-payment of business rates in 2018-19: research

Councils in England issued an estimated 190,000 summons for non-payment of business rates between 1 April 2018 and 31 March 2019, research by real estate adviser Altus Group has suggested.
Aug 06, 2019

Council defeats High Court bid for declaration of ineffectiveness over development agreement

A High Court judge has dismissed a property investment company’s bid for a declaration of ineffectiveness of a contract entered into by Basingstoke and Deane Borough Council for a major regeneration scheme.
Aug 06, 2019

London borough becomes one of first councils in country to use ‘completion notice’ over structure

The London Borough of Barnet says it has become one of the first local authorities in the country to use a ‘completion notice’ to tackle issues with a structure on a site.
Jul 19, 2019

Chancery Lane issues 2019 edition of Law Society Conveyancing Protocol

The 2019 edition of the Law Society Conveyancing Protocol has been published, with details on best practice in residential conveyancing transactions of freehold and leasehold property.
Jul 16, 2019

Council obtains temporary injunction to protect 158 sites in borough from illegal encampments

Reigate & Banstead Borough Council has secured a temporary High Court injunction to prevent illegal encampments on 158 sites.
Jul 16, 2019

EU body to withdraw appeal over impact of Brexit on lease after reaching deal with Canary Wharf

The European Medicines Agency (EMA) has reached an agreement with Canary Wharf Ltd over its premises at 30 Churchill Place, London, and will withdraw its appeal against a High Court ruling that Brexit would not frustrate the lease of the property.
Jul 16, 2019

Shoosmiths advises district council on £7m+ business park unit acquisition

The real estate team at law firm Shoosmiths has advised South Somerset District Council on its purchase of Unit D1, Christchurch Business Park for more than £7m.
Jul 15, 2019

Supreme Court to hear key case on village greens and land held by public authorities

The Supreme Court is this week hearing a village green registration case that is said to have the potential “to radically affect the status of publically accessible land held by public authorities pursuant to statutory powers”.
Jul 08, 2019

High Court to hear £2.35bn business rates battle between councils and NHS trusts in November

The High Court will hear a dispute between NHS trusts and councils in early November over whether trusts should be treated the same as charities and therefore receive 80% off their business rates, it has been reported.
Jun 19, 2019

Council decides against bid for borough-wide injunction on illegal encampments

Southend-on-Sea Borough Council has narrowly voted to follow its monitoring officer’s advice and rejected a call to pursue a borough wide injunction against illegal encampments.
Jun 14, 2019

Supreme Court to hear appeal over listed building status and sale of limestone piers

The Supreme Court has given the owner of a Grade II listed house permission to appeal in a dispute over a council’s enforcement action over the sale of two early 18th century limestone piers.
Jun 06, 2019

Councils with existing Green Space injunctions have little to fear from Bromley ruling: lawyer

Boroughs with properly prepared ‘green space’ preventative injunctions against occupation of public land have little to fear from a recent High Court ruling which removed parts of an interim injunction obtained by the London Borough of Bromley.


November 08, 2019

Recovering costs after the lifting of automatic suspensions

Melanie Pears and Tim Care examine a case where a claimant bidder argued that the defendant contracting authority should not have all the costs of its successful application to lift an automatic suspension.
November 01, 2019

The public/private joint venture – why do they succeed?

Anthony Vittadini highlights some of the keys to success when implementing public/private joint ventures and those involving property in particular.
October 29, 2019

Retrofitting social housing

Retrofit social housing is crucial to meet zero net emission targets. Nathan Bradberry explains what this opportunity involves for local authorities and registered providers.
October 25, 2019

Leases, outdoor advertising and concessions

The Court of Appeal recently rejected a legal challenge to a London borough’s award of leases for land on which structures that support large digital advertising screens are situated. Mari Roberts explains why.
October 18, 2019

Property guardians and rating

The Upper Tribunal has clarified the identification of the unit of assessment for buildings occupied by property guardians, writes Luke Wilcox.
October 04, 2019

Biodiversity Net Gain – what are the key features?

The government is to introduce a requirement for development to deliver 'biodiversity net gain'. Liz Dunn provides an overview for local authorities, landowners and developers.
September 20, 2019

Gypsy and Traveller site allocation policy defended

A city council recently successfully defended a judicial review challenge over its Gypsy and Traveller site allocations policy. Adrian Davis analyses the judgment.
September 13, 2019

Heritage assets, demolition and future benefits

The High Court has interpreted paragraph 196 of the National Planning Policy Framework on the protection of heritage assets. Matthew Fraser explains the outcome.
August 30, 2019

Section 73 permissions and the new CIL Regulations

Christopher Cant assesses the application of the Community Infrastructure Levy regime to planning permissions granted under section 73 in relation to post-CIL parent permissions.
August 30, 2019

Services charges and additional provisions

The Upper Tribunal has considered whether a tenancy agreement allowed a social landlord to charge for additional services. John Murray reports on the outcome.
August 13, 2019

Making the most of commercial assets

How can housing associations make the most of their commercial assets? Jo Judge explains.
August 13, 2019

Responding to the 'Building a safer future' consultation

Andrew Millross sets out the key points from Anthony Collins Solicitors' response to the 'Building a safer future' consultation.
July 19, 2019

Transfer agreements and overage payments

A local authority recently succeeded in a summary judgment application in relation to overage payments due under a transfer agreement. Lina Mattsson explains how.
July 05, 2019

Tenant consultation in housing regeneration

Karl Edwards examines some of the issues local authorities face when consulting tenants as part of a regeneration scheme.
July 05, 2019

Redevelopments and rating

The Upper Tribunal has clarified the law on rating of buildings undergoing redevelopment. Dan Kolinsky QC and Luke Wilcox analyse the ruling.
June 28, 2019

Costs and Telecoms Code disputes

Matthew Lake looks at the implications for property owners of a significant Upper Tribunal costs ruling following a Telecommunications Code dispute.
June 21, 2019

Rating of buildings being redeveloped

The Upper Tribunal has clarified the law on rating of buildings undergoing redevelopment. Dan Kolinsky QC and Luke Wilcox analyse the ruling.
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May 31, 2019

Village greens and 'trigger events'

The Court of Appeal has ruled on trigger events that prevent registration of village greens. The implications for registration of greens may be far greater than some anticipated, writes Stephen Morgan.
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May 31, 2019

Injunctions against 'persons unknown'

In a hotly anticipated appeal involving fracking protestors, the Court of Appeal has provided guidance on the highly topical subject of bringing injunctions against ‘persons unknown’. David Manda and Ruth Ormrod analyse its findings.
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May 10, 2019

Avoiding adverse costs orders

How can local authorities avoid adverse costs orders in the First-tier Tribunal? Robin Stewart sets out the lessons from a case where a council failed to revoke an emergency prohibition order over a property.
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