Projects and Regeneration

Allocation of risk in construction contracts

Rachel Murray-Smith and Oliver Slater look at the importance when entering construction contracts of the parties reflecting the allocation of risk. Read more

NEWS

Feb 12, 2020

Trowers & Hamlins advises London borough on first phase of 10,000 home regeneration scheme

Law firm Trowers & Hamlins has advised the London Borough of Enfield on Meridian One, the first phase of the Meridian Water project.

Feb 06, 2020

Borough declines to comment amid report it will not take legal action over £12m project overspend

Corby Borough Council has refused to confirm or deny local reports that it has dropped legal action over construction of the town’s Cube building.

Feb 05, 2020

Law firm advises borough council on largest solar and battery-storage project in UK

National law firm Geldards has advised Warrington Borough Council on the acquisition of a solar farm in York that is said to be the UK’s largest and most technically advanced solar and battery storage project.

Feb 03, 2020

Chancery Lane calls for “more comprehensive review” of different development corporations

The Law Society has called for a more comprehensive review of the roles and functions of the different development corporations, “so that there is clarity as to what they are expected to deliver on and what relationship they have with the local planning authority”.

Jan 23, 2020

Not-for-profit company to procure legal counsel for Anglesey tidal energy public inquiry

Menter Môn, a not for profit company set up to provide solutions to the challenges facing rural Wales, is to procure legal counsel for a public inquiry in relation to a tidal energy project.

Jan 21, 2020

County council set to become first local authority to obtain bond from UK Municipal Bonds Agency

The UK Municipal Bonds Agency (UKMBA) has unveiled plans to issue its first ever bond, a £250-300m 5-year SONIA linked Floating Rate Note (FRN) for Lancashire County Council.

Jan 20, 2020

NAO releases report on investigation into rescue of Carillion’s PFI hospital contracts

The government declined to bail out two PFI schemes being built by failed construction firm Carillion for risk of setting a precedent that the taxpayer would bear the risk of future PFI projects that ran into trouble, a report published last week by the National Audit Office has found.

Dec 30, 2019

London borough defeats legal challenge over grant of planning permission for major redevelopment

The High Court has this month rejected a legal challenge to Southwark Council’s grant of planning permission for a major redevelopment of a large site that includes the Elephant and Castle Shopping Centre.

Dec 20, 2019

Queen's Speech lays out proposals for “long term reform of social care”, further devolution

Government plans to seek cross-party consensus “urgently” in order to bring forward the necessary proposals and legislation for long-term social care reform in England were among proposals unveiled in the Queen’s Speech yesterday, but concerns have been expressed that "we've heard it all before".

Dec 13, 2019

Overlapping planning permissions: which one is valid?

The High Court has recently revisited the principles for determining the validity of overlapping consents. Gary Soloman and Alex Minhinick highlight the key points for landowners, developers and local authorities.

FEATURES AND ANALYSIS

January 17, 2020

Climate emergency #5: have you thought about Funding and Investment?

With local authorities seeking to deliver on some of their declared priorities to address the climate emergency, attention is turning to how to fund some of the ideas and initiatives, writes David Hutton.

January 10, 2020

Elephant, Dove, Old Oak, RICS

It is time to return to fundamentals when it comes to the delivery of social housing, writes Simon Ricketts, as he reviews recent developments in relation to two major projects.

December 17, 2019

Investing public money in district heating

Steve Gummer and Catherine Maddox analyse an important recent decision from the European Commission that will be helpful to authorities considering district heating schemes.

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 29, 2019

Heads up on 'material considerations'

You really can’t buy a planning permission, the Supreme Court has said. Mark Lowe QC and Estelle Dehon report on a significant ruling in a case involving proposed community donations and the grant of planning permission for a wind turbine.

November 01, 2019

Public procurement with SMEs - and the mafia

A recent judgment of the Court of Justice of the European Union should act as a reminder of the importance of adapting procurement to the needs of SMEs, writes Anja Beriro.

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.

MORE NEWS

Dec 05, 2019

Council forced to apply for retrospective planning permission for ground source heat pumps after thinking it was unnecessary

Northumberland County Council has had to grant itself retrospective planning permission for three ground source heat pump arrays after realising that it had gone ahead in the mistaken belief that permission was not needed.

Dec 02, 2019

Campaigners secure funds for potential judicial review of new Bedford to Cambridge rail route

A campaign group has said it has successfully raised sufficient funds to pursue a judicial review against East West Rail (EWR) should a route announcement for the new Bedford to Cambridge rail line be by way of Bassingbourn or neighbouring villages.

Nov 20, 2019

Council loses Supreme Court appeal over whether community fund donation was material consideration for grant of planning permission

The Supreme Court has upheld a ruling that a district council acted unlawfully when, in granting planning permission for a wind turbine, it took into account a proposed donation to a local community fund.

Nov 07, 2019

Court of Appeal rules planning inspector went beyond her powers in section 73 TCPA case

A planning inspector exceeded her powers in a case concerning permission for wind turbines, the Court of Appeal has ruled.

Nov 05, 2019

Bevan Brittan makes new partner, four associates in mid-year promotions round

Law firm Bevan Brittan has appointed Colin McConaghy, a commercial projects specialist in its Bristol office, as a partner in its mid-year promotions round.

Oct 21, 2019

Sharpe Pritchard advises borough council on 30-year, £1bn joint venture

Sharpe Pritchard has advised Brentwood Borough Council and its property company, Seven Arches Investments, on a joint venture expected to be worth as much as £1bn over the next 30 years.

Sep 26, 2019

Council leader resigns and refers himself to Ombudsman after Welsh Audit Office letter

The leader of Caerphilly County Borough Council has resigned and referred himself to an Ombudsman.

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 06, 2019

Ministry invites 100 places to apply for ‘Town Deals’ in bid to boost regeneration

The Government has invited 100 places to develop proposals for a new generation of so-called “Town Deals” under which they could receive up to £25m.

Sep 02, 2019

Government publishes revised guidance aimed at simplifying advice on Community Infrastructure Levy regime

The Ministry for Housing, Communities and Local Government has published new planning practice guidance designed to “further simplify advice on the CIL regime, helping communities and developers understand what is required”.

Aug 22, 2019

Council to appoint legal adviser to £125k contract to support compulsory purchase for major estate regeneration scheme

Wokingham Borough Council is looking to appoint a specialist compulsory purchase adviser, lawyer or firm to a £125,000 contract to advise on a key estate regeneration project.

Aug 20, 2019

Gowling WLG to be official legal advisers to Birmingham 2022 Commonweath Games

Law firm Gowling WLG has been appointed as exclusive Official Legal Advisers for the Birmingham 2022 Commonwealth Games.

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 02, 2019

Council seeks to overturn gagging order following change of political control

One of three councils that signed gagging orders with Highways England over the Oxford-Cambridge Expressway project has said it will reconsider the issue, and two now oppose the project outright.

Jul 12, 2019

Most Local Enterprise Zones have failed to significantly improve employment: research

The creation of Local Enterprise Zones (LEZs) has failed to produce significant increases in employment in most areas where they have been set up, new research has found.

Jul 11, 2019

Oxford becomes first authority to sign up to 'Councils for Fair Tax Declaration', calls for procurement law changes

Oxford City Council has become the first local authority to sign up to the Councils for Fair Tax Declaration, which calls on the EU and UK governments to review procurement legislation and support greater powers for the exclusion of ‘tax dodgers’.

Jul 01, 2019

Birmingham City Council and Amey reach deal for contractor to exit highways PFI contract

Birmingham City Council and Amey have reached a settlement agreement that will allow the contractor to exit from the £2.7bn Birmingham Highways PFI contract.

Jun 05, 2019

Campaign group crowd funds legal challenge over green light for waste bulking facility

Campaigners against a proposed waste bulking facility in rural Wales have launched a crowdfunding campaign for a legal challenge.

May 15, 2019

Sharpe Pritchard advises Southend on its largest ever regeneration project

Sharpe Pritchard has acted for Southend-on-Sea Borough Council in what is said to be the local authority’s most significant and largest ever regeneration project.

Apr 29, 2019

Swansea Council defeats claim it failed to enforce its rights under contract to build Liberty Stadium

The City and County of Swansea has successfully defended a claim over its alleged failure to enforce its rights under the building contract for the Liberty Stadium.

Apr 24, 2019

National Audit Office sets out updated framework for reviewing major projects and programmes

The National Audit Office has published an updated framework for its reviews of major projects and programmes, giving new examples of good practice and lessons learnt from the 140 reports it has completed since 2010.

Apr 16, 2019

Bevan Brittan advises district council on coastal management project

Law firm Bevan Brittan has advised North Norfolk District Council on a coastal management project said to be of national importance.

Apr 12, 2019

Excluding suppliers in public procurement

Tim Care and Melanie Pears look at recent government guidance on applying exclusions in public procurement, managing conflicts of interest and whistleblowing.

Apr 11, 2019

Regulator warns policy makers to “think very carefully” before setting up charity for singular public project

The fact that more than £50m of public funds was spent by the Garden Bridge Trust without producing demonstrable public benefit or impact represented “a failure for charity which risks undermining public trust”, the Charity Commission has said.

Apr 11, 2019

Claimant lawyers press for early trial of incinerator procurement

Lawyers acting for campaigners against a Gloucestershire incinerator have said they will press for an early trial of their claim that it was tendered in breach of regulations.

MORE FEATURES

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

Appeals after the Rosewell Review

Nagla Stevens considers the new accelerated procedure for appeals against the refusal or non-determination of planning applications.

October 11, 2019

What is a ‘reasonable endeavours’ obligation, and is it a sensible solution?

Gwendoline Davies explains what a party needs to do to comply with a ‘reasonable endeavours’ obligation, and considers whether endeavours clauses are always a sensible solution.

October 11, 2019

Procuring bike share schemes

Colin Murray and Bradley Martin set out how public bodies can procure bike share schemes - without reinventing the wheel.

September 20, 2019

CIL Pools and the latest changes (in England)

Rachel Sykes analyses the impact on local authorities of the latest changes to the Community Infrastructure Levy regime that came into force at the beginning of September.

September 06, 2019

Cleaning up the air we breathe

Rob Hann looks at the pressures on local authorities to push forwards at pace with their clean air initiatives.

September 06, 2019

Bidders and legal entities

Is it obligatory for bidders to remain as the same legal entity between pre-selection and submission of tenders? Tim Care and Melanie Pears comment on a CJEU judgment.

August 30, 2019

Declarations of ineffectiveness and the Public Contracts Regulations 2015

A recent procurement case has brought into focus the circumstances when the remedy of a declaration of ineffectiveness may be available under the Public Contracts Regulations 2015, write Richard Collins and Kathrine Eddon.

August 09, 2019

Local authority companies and governance: LLG's Codes of Practice

Rob Hann looks at the Lawyers in Local Government’s Codes of Practice for Local Authority Companies.

August 02, 2019

Local Authority Companies – the importance of good governance

James Hawkins and Scott Dorling consider the key issues that councils must consider when setting up local authority companies.

August 02, 2019

State aid, MEOP and district heating

Karl Edwards analyses a recent ruling that gives guidance on applying the market economy operator principle to district heating schemes.

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.

June 21, 2019

Service models: the hazards of TUPE law

At a time when public sector employers are closely examining whether they have the right service models, Philip Woolham looks at the challenges of managing TUPE law.

June 14, 2019

Setting local authority companies up for success

Rob Hann provides some practical tips for local authorities setting up local authority companies.

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May 24, 2019

Further reflections on Faraday

In the second in a two-part series, Trevor Watt looks at the Court of Appeal's approach in the Faraday case to VEAT notices and limitation periods.

May 17, 2019

Development arrangements and works contracts

When does a development arrangement get caught as a works contract? Matthew Mo analyses the key Court of Appeal ruling in Faraday.

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May 10, 2019

New guidance on outsourcing and contracting with the private sector in delivery of public services

The Outsourcing Playbook provides guidance on outsourcing and contracting with the private sector. Nat Avdiu looks at the different policies, and how they can be a useful tool for both central and local government professionals.

May 10, 2019

Airports NPS challenges: the result

A Divisional Court has rejected the legal challenge brought by a group of councils and other claimants over the endorsement of a third runway at Heathrow. Angus Walker looks at the judges' findings.

April 26, 2019

The Contracts (Rights of Third Parties) Act 1999 has its day in the sun

Colin Ricciardello examines a recent Court of Appeal ruling on whether third party claimants could enforce a contract they did not know existed.

April 26, 2019

Termination of ICT contracts, unfinished works and liquidated damages

The Court of Appeal has considered the application of liquidated damages following termination of an ICT contract. Amy Brown analyses the ruling and provides some practical tips.