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Masthead Local Govt - Property

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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 05, 2018

Council tells M&S to honour “legally binding contract” for £80m redevelopment

Rochdale Borough Council has said it fully expects M&S to honour what the authority says is a legally binding contract to be the anchor tenant in a £80m regeneration scheme.
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

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 08, 2017

Court of Appeal sends council and football club owners to mediation in state aid row

The Court of Appeal has ordered Coventry City Council and the owners of Coventry City Football Club, the Sisu group, to mediate their long-running dispute over the Ricoh Arena.
Dec 01, 2017

Council defeats challenge to decision to add 34 footpaths to definitive map

A county council has successfully defended a judicial review challenge to a committee decision authorising the making of a statutory order which, subject to confirmation, would add at least 34 footpaths and a bridleway to the definitive map and…

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.

Holding festivals in parks

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The Court of Appeal has dismissed a challenge to the holding of music and other festivals in parks. Although the case involved a London authority, the case is important for local authorities nationwide, write Philip Kolvin QC and Ranjit Bhose QC.

Business rates and heritage assets

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When is a building a listed building? Peter Dixon and Simon Whitfield report on a recent Administrative Court case over whether the whole of a building or just part of it was listed.

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.

Older articles

Nov 24, 2017

Holding festivals in parks

The Court of Appeal has dismissed a challenge to the holding of music and other festivals in parks. Although the case involved a London authority, the case is important for local authorities nationwide, write Philip Kolvin QC and Ranjit Bhose QC.
Nov 21, 2017

Court of Appeal rejects challenge over power to close parks for festivals

The Court of Appeal has rejected an attempt to stop London boroughs holding large music festivals in public parks, setting up a potential Supreme Court challenge.
Nov 21, 2017

Hotel business withdraws request for judicial review of TPO mid-hearing

A hotel company has withdrawn mid-hearing its application to the High Court for a judicial review asking for a tree preservation order (TPO) to be set aside.
Nov 17, 2017

Business rates and heritage assets

When is a building a listed building? Peter Dixon and Simon Whitfield report on a recent Administrative Court case over whether the whole of a building or just part of it was listed.
Nov 10, 2017

Law Society issues new model leases to simplify commercial property transactions

The Law Society has issued new short form model leases aimed at streamlining commercial property negotiations and finding a fair balance between landlord and tenant.
Nov 10, 2017

Council hits back at criticism of use of offshore company to buy shopping centre

A North West council has hit back at criticism of its £32.5m acquisition of a local shopping centre via a Luxembourg-registered company.
Nov 10, 2017

Challenge to CPO dismissed

The High Court has dismissed a statutory challenge to a compulsory purchase order. George Mackenzie looks at the judge’s approach.
Nov 09, 2017

Bevan Brittan strengthens Birmingham property practice with Pinsents hire

Bevan Brittan has bolstered its property team in Birmingham with hire of Rebecca Pendlebury from Pinsent Masons as a partner.
Nov 01, 2017

London borough hails final injunction banning unlawful campsites

The London Borough of Barking and Dagenham has this week been granted a final injunction, which it thinks is the first of its kind in England and Wales, banning unlawful campsites from being set up as well as prohibiting fly-tipping.
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 11, 2017

City council takes Houses in Multiple Occupation case to Supreme Court

The Supreme Court has granted Nottingham City Council permission to appeal after the Court of Appeal rejected the authority’s challenge to terms in Houses in Multiple Occupation (HMO) licences restricting the occupation of bedrooms to a particular…
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 02, 2017

Developer and borough council in dispute over collapsed property deal

A property developer is suing Weymouth & Portland Borough Council for misrepresentation after the sale of one of the authority’s former offices fell through.
Sep 28, 2017

Concealment: the latest cases

Steven Bell considers some of the issues raised by recent concealment cases, including one where a couple disguised a house as a garage.
Sep 27, 2017

Council and football club defeat bid for footpaths across planned training ground

Queens Park Rangers Football Club and the London Borough of Ealing have seen off a bid by campaigners to have two routes designated as public footpaths across land on which the club intends to build a training centre.
Sep 21, 2017

Court of Appeal grants permission for challenge to sale by council of sports ground

The owner of Coventry City Football Club has been given permission by the Court of Appeal to challenge a High Court ruling that it cannot judicially review Coventry City Council’s sale of the club’s ground to Wasps Rugby Club.
Sep 20, 2017

Report into £1m overspend says officers “knowingly disregarded council procedure”

A special investigation into how the costs of establishing a joint customer services hub in a refurbished building soared from £950,000 to more than £1.9m has found evidence that officers “knowingly disregarded council process and…
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.

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