One Legal Sept 21 Director 600

Electric vehicles and landowners – it’s time to get plugged in!

David Hobbs looks at some key issues for public sector landowners to consider when providing electric vehicle charging points. Read more
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  NEWS

Sep 09, 2021

Homes England 'revolutionises' procurement process with launch of new land disposal approach

Homes England has launched what it has called a "first of its kind" Delivery Partner Dynamic Purchasing System, which allows housebuilders to apply to join the agency's list of preferred developers on an ongoing basis, rather than having to wait until the list renews once every four years.
Sep 08, 2021

Council obtains injunction to prevent sale of Tudor overmantel from listed building

Stafford Borough Council has secured an injunction to stop a local auction house from selling a 16th century overmantel, thought to be worth a substantial sum.
Sep 01, 2021

District planning authorities in England issue fewest number of enforcement notices since records began

District planning authorities in England issued fewer than 3,000 enforcement notices in the year to March 2021, government data has revealed.
Aug 26, 2021

LGA calls for billing authorities to have ability to be parties to business rates appeals again

The Local Government Association (LGA) has said that billing authorities in England should have the ability restored to be party to business rates appeals.
Aug 26, 2021

City council threatened with legal action over permission for 55-storey tower accommodating students

Manchester City Council faces legal action over its decision to allow construction of a tower block of student accommodation in the city centre, it has been reported.
Aug 23, 2021

Parks body wins dispute over ownership of boathouse next to Serpentine Lake

The Royal Parks Limited (TRP) has won a dispute concerning the ownership of a boathouse and jetties located on the north west side of the Serpentine Lake in London’s Hyde Park.
Aug 19, 2021

Treasury guidance sees councils allowed to use Public Works Loan Board to refinance commercial property debt that would otherwise be ineligible for support

The Treasury is to allow local authorities to borrow from the Public Works Loan Board (PWLB) to refinance debt even when this has been incurred on commercial property projects now ineligible for the board’s support.
Aug 19, 2021

High Court dismisses claim that RAF pilots flew over holiday park deliberately

A holiday park owner has failed to convince the High Court that RAF officers flew noisy planes over his property in a deliberate attempt to intimidate him.
Aug 17, 2021

Historic England chooses four law firms for £2m legal services panel

Historic England has named four law firms to a £2m contract for advice on a broad spectrum of legal work.
Aug 16, 2021

Hull City Council formally adopts use of electronic seal

Hull City Council has become one of the first councils to formally adopt the use of an electronic seal.

  FEATURES AND ANALYSIS

August 26, 2021

Commercial leases and unpaid rent

Are we turning a corner? Priya Sejpal examines the Government Policy Statement on COVID-19 enforcement and rent recovery restrictions for commercial leases.
August 26, 2021

Fuzzy and uncertain boundaries

David Nuttall looks at the implications for the law of boundaries from a recent High Court ruling.
August 04, 2021

Overage agreements and competing dispute resolution clauses

The High Court recently granted an urgent injunction restraining an expert determination in a case involving a housing association where there were competing dispute resolution clauses in relation to an overage agreement. Lara Kuehl analyses the judgment.
August 03, 2021

Joint ventures: The benefits and implications for RPs and developers explained

Chimi Shakohoxha, Ryan Campbell and Rita Saadeh set out the benefits and implications of joint ventures between registered providers and developers.
July 29, 2021

Japanese knotweed and private nuisance

Jonathan Pennington Legh acted recently in a case concerning Japanese knotweed. Here he considers how the related legislation impacts landowners and practical steps you may like to consider.
July 22, 2021

Implementing a compulsory purchase order

Simon Bell considers the lessons for local authorities and claimants from a recent High Court challenge to a council's decision to execute a general vesting declaration.
July 08, 2021

Introduction of the Building Safety Bill

Lorna Kenyon offers some initial thoughts on the scope of the Building Safety Bill.
July 08, 2021

The New Model for Shared Ownership Lease: a decade of repair costs for landlords

Mark Foxcroft looks at the impact on registered providers of the 10-year repair-free period under the Shared Ownership model.

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 MORE NEWS

Jul 22, 2021

High Court quashes decision to transfer land to community council in skate park dispute

Plans to build a new skatepark in Swansea have been delayed after the High Court quashed Swansea Council's (CCSC's) decision to transfer land earmarked for the £360,000 development to Mumbles Community Council.
Jul 13, 2021

Mayor of London to offer boroughs ‘Right to Buy-back’ funding to boost supply of council homes

The Mayor of London, Sadiq Khan, is to offer boroughs funding to purchase homes previously sold through the Right to Buy.
Jul 13, 2021

London borough secures possession order against groups camping on Clapham Common

The London Borough of Lambeth has secured an order for possession against occupiers camping on Clapham Common.
Jul 07, 2021

Experienced social housing and property practitioner joins Five Paper

Simon Strelitz, a housing and property practitioner with 20 years’ experience in the work undertaken by the Property Division, has joined Five Paper.
Jul 01, 2021

Government consults on more frequent business rate reviews

Business premises could be revalued for rating every three years instead of every five under Government proposals.
Jun 25, 2021

Strengthened local government Prudential Code to be published by end 2021: CIPFA

A strengthened Prudential Code, which aims to ensure local authorities’ financial plans are affordable, prudent and sustainable, will be published by the end of 2021, CIPFA has announced.
Jun 23, 2021

Owner persuades High Court to quash general vesting declaration made by city council over empty property

The High Court has quashed a general vesting declaration (GVD) made by Birmingham City Council because of what Mr Justice Holgate called “the unusual circumstances of this case.”
Jun 23, 2021

Upper Tribunal rules in favour of telecoms firms in dispute with council over terms of indemnity for site provider

An agreement between telecoms firms and the London Borough of Hackney should limit the former’s liability to third party claims in respect of surveying whether a residential tower block is suitable for a mast, the Upper Tribunal (Lands Chamber) has said.
Jun 08, 2021

Cabinet at London borough to consider proposals for £7.88m in repayments to tenants to address water overcharging

The Mayor and Cabinet at Lewisham Council will be asked this week to approval proposals to make refunds to current and former tenants it unknowingly overcharged in respect of water rates due.
Jun 07, 2021

Community group secures permission for legal challenge over refusal by local authority to list playing field as asset of community value

A community group in Leeds has been given permission to challenge the refusal of the city council to register a playing field as an asset of community value, it has been reported.
Jun 03, 2021

Council fails in appeal over rates liability of charity that runs 200+ fitness centres

The London Borough of Merton has lost a Court of Appeal case over a charity’s liability for rates when two justices disagreed with the third, who had given the main judgment.
May 19, 2021

Rare pottery including jug depicting barrister returned to council after theft over a decade ago

Two valuable pieces of Ealing Council's Martinware collection, including a two-sided 'barrister jug', have been returned to the London borough after having been stolen more than a decade ago.
May 18, 2021

Housing Ombudsman urges social landlords to address individual circumstances of residents when dealing with cladding complaints

The Housing Ombudsman has called on social landlords to do more to address residents’ individual circumstances in cladding complaints.
May 17, 2021

Councils could be owed “hundreds of millions of pounds" in business rates following Supreme Court ruling

Local authorities could be in line for hundreds of millions of pounds in business rates following last week's landmark Supreme Court ruling, the solicitor who acted for the appellant councils has claimed.
May 14, 2021

Local authorities win £10m+ Supreme Court battle over business rates

Two North West councils have won a Supreme Court test case over whether they had reasonable grounds for claiming non-domestic (NDR) rates on certain empty properties from the respondent companies.
May 14, 2021

Welsh council facing judicial review challenge over skatepark development

Judicial review proceedings have been filed against City & County of Swansea Council (CCSC) over the way in which it transferred ownership of a site to Mumbles Community Council (MCC) as part of a plan to build a skatepark on the land.
May 13, 2021

Social landlord fails in Court of Appeal battle over dispensation of service charge consultation requirements

Social landlord Aster Communities has lost a Court of Appeal case brought over the dispensation of leaseholder consultation requirements in relation to service charges.
May 13, 2021

North West council fails in appeals over decision by inspector to grant permission for Gypsy pitches on Green Belt site

Sefton Metropolitan Borough Council has lost appeals over a planning inspector’s decision to give permission for a change of use to allow six Gypsy pitches on a Green Belt site.
May 12, 2021

High Court issues key ruling on "Traveller Injunctions" and "persons unknown", criticises suspected procedural breaches and abuse of court procedures in applications for interim orders

There are grounds to suspect that, in a significant number of applications by local authorities for interim injunctions against “Persons Unknown” targeting unauthorised encampments on land, there were material and serious breaches of the procedural requirements and the procedures of the Court – and the Interim Applications Court of the Queen’s Bench Division (Court 37) in particular – have been…
May 12, 2021

DVLA appoints law firm to £830k contract advising on exit from property PFI deal

The DVLA has handed law firm Gowling WLG a two-year contract worth more than £830,000 to advise on the expiry of a major PFI agreement.
May 10, 2021

Treasury to create £26m fund for councils migrating local land charges service to HM Land Registry

The Treasury is to set up a £26m fund for councils as part of its drive to establish a national Local Land Charges Register.
May 06, 2021

Council to pay housing association £117k after errors lead to cancelled land sale

Lichfield District Council is to pay a housing association compensation of almost £117,000 after errors in a land sale.
Apr 30, 2021

Government consults on residential developer tax aimed at contributing £2bn to cost of cladding remediation

The Government has launched a consultation on the proposed design of a new tax on the largest residential property developers to help contribute to the cost of cladding remediation work.
Apr 29, 2021

Council wins High Court challenge over decision by planning inspector not to include conditions restricting commercial uses

A planning inspector’s decision over conversion of a building in Manchester contained a legal error and must be quashed, the High Court has found.
Apr 29, 2021

Developer loses legal challenge after drawing error invalidated planning permission

A planning inspector was right to reject an appeal over a building where a drawing error showed it lower than its intended height, the High Court has ruled.

  FEATURES AND ANALYSIS

July 07, 2021

Electronic execution: how to save time and money sealing your property documents

A new era of paperless property deals is upon us following the Land Registry’s landmark decision in July 2020 to accept e-signed documents for registration, writes Sandy Munroe.
July 01, 2021

Tree safety management

Nicholas Thorne examines a recent case that considered the landowner's duty of care when it comes to tree safety management.
June 24, 2021

Business rates – is the tide turning?

Business rates are an important source of funding but assessment and enforcement of liability require local authorities to address a complex range of issues. Paul Hilsdon and Clare Hardy examine two recent cases have shown that courts are prepared to look closely at the arrangements under which premises are occupied.
June 17, 2021

An education in selling school land

It isn’t often that the senior courts pronounce on the School Sites Acts, so a recent Supreme Court judgment is welcome, writes David Peachey.
June 07, 2021

The Charities Bill – A simplified approach for registered providers

Chimi Shakohoxha and Spencer Vella Sultana examine how proposed changes in the Charities Bill will impact small and large scale land disposals for registered providers.
June 03, 2021

Referee or goalkeeper? The Court of Appeal decides

The Court of Appeal recently considered the correct approach to be taken by a Court to the issue of reasonableness when the defence to a claim for service charges has been struck out. Ryan Kohli explains the outcome.
May 27, 2021

Local authority injunctions against “Persons Unknown” - the civil law runs out

Ranjit Bhose QC analyses the recent High Court ruling on "Traveller Injunctions" and "persons unknown".
May 27, 2021

Local authority break rights in long development leases

The High Court has recently declared that a local authority landlord’s break right in a long lease – expressed as being exercisable ‘at any time’ following a tenant default – had been validly exercised, even though the default in question had occurred 16 months prior to the break notice being served. Ayesha Khalique explains why.
May 27, 2021

Public Procurement: Lease or Public Works Contract. Where’s the dividing line?

Matthew Mo and Kyle Duggan look at the implications of a recent European Court procurement ruling on development agreements entered into by public bodies.
May 20, 2021

Dispensation from service charge consultation requirements

The Court of Appeal has recently considered the circumstances in which the First-tier Tribunal may grant a landlord dispensation from the service charge consultation requirements prescribed by s. 20 of the Landlord and Tenant Act 1985. Philip Rainey QC and Robyn Cunningham examine the ruling.
May 20, 2021

Important changes following the introduction of the Fire Safety Act

The Fire Safety Act received Royal Assent on 29 April 2021 and will shortly be on the statute books. Mark London and Michael Wharfe look at what is in store.
May 13, 2021

Tax on Development Purchases

V. Charles Ward addresses prospective tax liabilities in relation to a local authority development or investment purchase and how transactions can be structured in ways which minimises those liabilities.
May 06, 2021

Public houses and the ACV regime: the latest rulings

Christopher Cant analyses the latest appeal decisions in relation to the listing of pubs as assets of community value, covering issues including the recent past, financial viability and compensation.
May 06, 2021

Change of use and appropriate conditions

The High Court recently quashed an inspector’s decision allowing change of use without appropriate conditions. Horatio Waller explains why a city council’s appeal was successful.
May 05, 2021

Notices and statutory nuisances

A recent High Court ruling shows the need to avoid an overly technical approach to s.82(6) notices under the Environmental Protection Act 1990, writes Sarah Salmon.
May 05, 2021

Housing case law update - April 2021

Christopher Skinner, Rebecca Asady and Filip Bodnar round up the latest judgments of interest to housing associations and local authorities.
April 29, 2021

The High Court on empty rates mitigation and Makro type schemes

In a win for ratepayers, the High Court has clarified the law on empty rates mitigation. Jenny Wigley QC analyses the ruling.
April 22, 2021

Tower blocks, re-cladding and service charges

Timothy Straker QC, Jonathan Manning and Christopher Baker analyse a Court of Appeal case on service charge liability for re-cladding a tower block.
April 22, 2021

How to tackle urbexing

Lyn Crawford looks at what property owners, developers and contractors can do about "urbexing".
April 22, 2021

Fighting fire with fines

Even before the tragedy of what happened at Grenfell Tower on 14 June 2017 there could be no doubt that no limit can be put on the personal costs of a fire. The Government has now stated that the same can be said for the financial costs, writes Natalie Puce.