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Waste Transfer Station Occupier Succeeds in Slashing Business Rates Bills

Commercial property occupiers who are dissatisfied with the valuation put on their premises for business rates purposes can do a great deal more than just grin and bear it. In a case on point, the tenant of a waste transfer station succeeded in slashing its...

Commercial Property Owner Charged for Non-Existent Drainage Services

A commercial property owner who for years shelled out for drainage bills that it was never obliged to pay must be reimbursed every penny. That was the effect of an important High Court ruling in which utility companies were found to have been unjustly...

Council Planning Committee Fends Off 'Closed Minds' Allegation

Official decision-makers are often accused of acting with closed minds. However, as a Court of Appeal ruling in a planning case made plain , there is a great difference between unlawful predetermination and a legitimate pause for thought. The case...

Supreme Court Lays Down the Law on Commercial Property Service Charges

Many commercial leases appear to confer on landlords a wide and unilateral power to calculate and demand payment of service charges. An important Supreme Court ruling , however, indicates that they may not enjoy quite such a whip hand in future. A...

Community Football Pitch Must Make Way for Strategic Stadium Development

Community open spaces and leisure facilities are heavily protected by planning law. However, as a High Court ruling showed, even they must sometimes make way for strategic developments that are considered to serve the wider public interest. The case...

5G Mobile Phone Masts Can't Be Located Just Anywhere - High Court Ruling

5G mobile phone masts are sprouting up all over the country and most people would agree that there is a real need for them. However, as a High Court ruling showed, they are not wholly exempt from planning rules and they cannot be located just anywhere. A...

Heritage Assets - High Court Quashes Apartment Block Planning Permission

The importance that planning policy gives to the preservation of heritage assets was underlined by a High Court case in which planning consent for a controversial high-rise apartment block in an iconic riverside location was overturned. The relevant site...

Trespass - Judge Identifies Perpetrators of Vast Waste Dumping Operation

Waste dumping scars the landscape but it can be very hard to identify perpetrators, who commonly take steps to cover their tracks. In one case, however, a judge was able to pinpoint those responsible for depositing close to 20 tonnes of waste in a disused...

Property Guardianship Agreement Proves Fraught with Legal Difficulty

It is increasingly commonplace for owners of vacant commercial buildings to permit their occupation by so-called 'property guardians' with a view to protecting them from squatters and vandals. As an Upper Tribunal (UT) ruling showed , however, such...

Cinema Operators Not Entitled to Rent Relief During COVID-19 Lockdowns

Cinema operators who were forced to close during COVID-19 lockdowns have failed to convince the Court of Appeal that they should be relieved of the obligation to pay rent . In a guideline ruling, the Court found that it was the tenants, not the landlords,...
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