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Much of England's green and pleasant land is protected against all but agricultural forms of development. However, as one case showed, the relentless pressure to build more new homes means that such restrictions may not be written in stone. The case...
A temporary pavement licensing regime that was introduced to enable al fresco dining at the height of the COVID-19 pandemic has been extended by the Government. Initially put in place via the Business and Planning Act 2020 , the measure was intended to...
Britain's high streets have changed immeasurably in recent decades and many once proud buildings are no longer attractive to retailers. An Upper Tribunal (UT) ruling in the context of a business rates dispute reflected that sad history of decline. The...
Your neighbours owe you a duty of care and, if they cause a nuisance that results in you suffering financial loss, you are entitled to compensation in full. The point was made by the case of a landowner whose development hopes were stymied by flooding...
Antique restrictive covenants are found in the title deeds of many period properties and can have a deadening effect on development opportunities. However, as an Upper Tribunal (UT) ruling showed , they are not written in stone. A large suburban house was...
Most people understand that companies have legal identities separate from the individuals who control them. The application of that basic principle can, however, be problematic and certainly posed a difficult conundrum in a case concerning an agricultural...
When buying properties that comprise more than one residence, multiple dwellings relief (MDR) is available against Stamp Duty Land Tax (SDLT). As a First-tier Tribunal (FTT) ruling showed , however, both the availability and extent of such relief is often...
Advances in building techniques have made it possible to build additional storeys on many blocks of flats. Such developments may not be popular with existing residents but, as a High Court case showed, the pressure on housing stocks is such that planning...
Commercial operations frequently encounter noise complaints from neighbours and that can create a powerful barrier to development. However, in one case, the fierce objections of local residents did not deter the High Court from upholding planning permission...
The likelihood of planning consent being granted in respect of a plot of land can be a crucial determining factor when assessing its value. As an Upper Tribunal (UT) ruling showed , the existence or otherwise of such so-called 'hope value' is often the...
