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Masthead Housing Property and Projects

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Continuing issues with CIL

Christopher Cant analyses some of the thorny issues thrown up by regime for the Community Infrastructure Levy.

News headlines

Jan 02, 2018

Research finds low take-up by councils of empty dwelling management orders

Only one in 13 councils in England and Wales have made use of empty dwelling management orders (EMDOs) in the last five years, research by the Liberal Democrats has found.
Dec 20, 2017

London Mayor refuses permission for major scheme over loss of affordable homes

The Mayor of London has refused permission for an estate regeneration project in Barnet which he said would result in the net loss of 257 affordable homes.
Dec 20, 2017

Developer nets injunction preventing council from presenting winding up petition

A developer has secured a final injunction from the High Court preventing Liverpool City Council from presenting or advertising a winding up petition.
Dec 05, 2017

Ministers consult on regulations for New Town Development Corporations

The Department for Communities and Local Government has launched a consultation on regulations for locally led New Town Development Corporations.
Nov 30, 2017

Submission of planning CPOs fell by 30% in 2016: research

Submissions of planning compulsory purchase orders (CPOs) decreased by 30% in 2016, research by Womble Bond Dickinson has found.

Features and analysis

Fresh developments in the ACV regime

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The flow of interesting points on the Assets of Community Value regime continues, with recent appeal decisions before the FTT considering a number of important aspects of the regime, writes Christopher Cant.

The district heat billing hiatus

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Are you waiting for the Department for Business, Energy and Industrial Strategy (BEIS) to issue an update relating to the installation of final customer meters for district heat networks? Maxim Laithwaite provides a quick reminder of the current position regarding the regulations and in particular the cost effectiveness and technical feasibility tool.

Challenge to CPO dismissed

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The High Court has dismissed a statutory challenge to a compulsory purchase order. George Mackenzie looks at the judge’s approach.

Making demands for a service charge

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A recent Court of Appeal case demonstrates how care is needed when making demands for a service charge, writes Sian Evans.

Older articles

Oct 27, 2017

Making demands for a service charge

A recent Court of Appeal case demonstrates how care is needed when making demands for a service charge, writes Sian Evans.
Oct 10, 2017

Tower block leaseholders win case over proposed £50,000 service charges

A group of leaseholders in a tower block have won a court case brought against Oxford City Council over a £50,000 service charge.
Oct 06, 2017

TPOs and compensation

The Court of Appeal recently allowed a council's appeal over an Upper Tribunal judgment on tree preservation orders and compensation payable to a landowner. Claire Booth explains the outcome.
Oct 06, 2017

Listed buildings and statuary

A judge has rejected a challenge to an inspector’s decision dismissing appeals against a listed building enforcement notice and the refusal of listed building consent for removal of two early 18th century piers and urns. John Hunter and Gary Grant…
Oct 04, 2017

PM calls for “new generation of council houses” as extra £2bn made available

The Government will get “back into the business of building houses” with councils as well as housing associations encouraged to bid for an additional £2bn in affordable housing, Prime Minister Theresa May told the Conservative Party Conference in…
Sep 22, 2017

Housing needs: assessed or assumed?

The new draft methodology to be used by English local planning authorities for determining their level of housing need is deceptively simple, writes Simon Ricketts. Is it indeed too simple?
Sep 20, 2017

Law Society and Land Registry issue joint note on property and title fraud

The Law Society and HM Land Registry have issued a joint advice note on property and title fraud amid concerns that recorded incidents are rising.
Sep 15, 2017

EU grant funding terms

Would your compliance with EU grant funding terms stand up to scrutiny? Tiffany Cloynes looks at the potential issues.
Sep 13, 2017

Judges order fresh hearing in row over damage caused by protected tree

The Upper Tribunal (Lands Chamber) must reconsider a case in which it awarded compensation of £25,000 against South Gloucestershire Council over damage caused by an oak made subject to a tree preservation order (TPO), the Court of Appeal has ruled.
Sep 08, 2017

Report on highways contract litigation costing county £20m+ criticises documentation

A report into Cumbria County Council’s termination of a highways maintenance contract and subsequent litigation that cost the local authority £26m between 2012 and 2017 has criticised the contract documentation.
Aug 31, 2017

The ACV regime and planning

Anthony Gill explores the increasing importance of planning considerations in decisions of the First Tier Tribunal.
Aug 31, 2017

Free-standing sustainable development assessment a mistake

A Planning Court judge has set out propositions for cases involving paragraph 14 of the National Planning Policy Framework. Roy Pinnock highlights some of the key observations.
Aug 24, 2017

Direct action and injunctions

Protestors have been stopped from preventing a tree-felling programme run by Sheffield City Council. Yaaser Vanderman sets out the judge’s reasoning for granting an injunction.
Aug 24, 2017

Predecessor bodies and liability for contaminated land

A Court of Appeal judgment has wide ramifications for local authorities in relation to their liabilities under the contaminated land regime, writes Anna Fellows.
Aug 17, 2017

City council wins injunctions in latest stage of dispute over tree felling

Sheffield City Council has secured High Court injunctions against those trespassing within safety barriers around its controversial tree replacement works.
Aug 16, 2017

Grenfell Tower inquiry to focus on council response and technical issues

Former appeal court judge Sir Martin Moore-Bick has said he will focus his inquiry into the Grenfell Tower fire disaster on the Royal Boroigh of Kensington & Chelsea’s response and on technical issues of design, construction and renovation.
Aug 08, 2017

London borough secures dismissal of private prosecution brought by occupier

A London borough has successfully argued that it had no case to answer in a private prosecution brought by an occupier of one of its properties under section 82 of the Environmental Protection Act 1990, it has been reported.
Aug 03, 2017

Break clauses and vacant possession

Katie Hickman examines an important High Court ruling for public sector tenants and landlords on break clauses and vacant possession.
Aug 01, 2017

Government and LGA unveil £45m 'Land Release Fund'

The Government has launched a £45m ‘Land Release Fund’ in partnership with the Cabinet Office and the Local Government Association’s One Public Estate programme.
Jul 21, 2017

Court rejects damages claim over alleged exposure to asbestos during tenancy

A High Court judge has rejected a claim for damages brought by a widow who argued that her husband had suffered malignant mesothelioma as a result of exposure to asbestos during his tenancy of a council-owned property.

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