News & Analysis as of

Redevelopment United Kingdom

BCLP

NPPF Consultation: Green Belt Reform

BCLP on

The ‘fundamental aim’ of the Green Belt as stated in the NPPF is urban containment. The NPPF contains strong protections by imposing strict tests to be met before Green Belt land can be released for development....more

BCLP

The Long Term Implications of PFAS for Real Estate in the UK

BCLP on

Poly- and Perfluoroalkyl substances (“PFAS”) are widely present in soil and groundwater, and the negative human health consequences of this are starting to be understood. There are important implications for anyone with...more

Hogan Lovells

Dividing opinion: UK Secretary of State refuses M&S Oxford Street scheme against Inspector’s advice

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Last week saw the Secretary of State’s much anticipated call-in decision on the proposals by Marks and Spencer to demolish and rebuild its flagship store at the Marble Arch end of Oxford Street, London. Against the...more

BCLP

Briefcase 2023 Quarter 2: Key Real Estate Cases and Updates

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In this quarter’s edition, we cover cases concerning continuing nuisance, business lease renewals, “subject to contract” and misrepresentation. We also tell you about the new Renters (Reform) Bill recently introduced to...more

Hogan Lovells

Make or break: Redevelopment break clauses under the UK Landlord and Tenant Act 1954

Hogan Lovells on

Where the parties can’t agree on the terms of a renewal lease under the Landlord and Tenant Act 1954, the Court has the power to decide those terms. But how does the court balance the competing demands of a landlord - keen to...more

Hogan Lovells

UK Real Estate Horizon Scanner

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The last year has seen a huge amount of change, both politically and economically, which has also been reflected in a constant array of new government policies. What is coming down the line in terms of new legislation in 2023...more

Katten Muchin Rosenman LLP

Rugby, Restrictions and the "Rec"

This advisory discusses the recent decision by the Court of Appeal in the matter of Bath Rugby Ltd. v Greenwood and others, ruling that a restrictive covenant over land was unenforceable as it failed to properly identify the...more

Hogan Lovells

Taxes for towers - righting the wrongs of the past?

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Last week, Robert Jenrick, the housing minister, announced a new industry wide levy and tax to "contribute to righting the wrongs of the past". Rightly or wrongly, the development industry is being singled out to foot part of...more

BCLP

Operator fails in attempt to secure a new telecoms Code agreement, as Tribunal weighs up “public benefit” of telecoms and...

BCLP on

The Upper Tribunal has provided welcome clarity on when a landowner may resist the imposition of a new “full” agreement under the Electronic Communications Code in Cornerstone Telecommunications Infrastructure Ltd v...more

Hogan Lovells

Prejudice to landowner is too high to impose Code rights on its land

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The Electronic Communications Code gives powers to telecoms operators to acquire rights over private land to install their apparatus for the purpose of providing their network. ...more

Hogan Lovells

Motive Matters … Can land owners rely on redevelopment plans to resist Code rights?

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It has been almost 18 months since the new Electronic Communications Code changed the legal landscape for telecoms operators and land owners. At its core, the Code is a framework for operators to obtain rights to install...more

BCLP

The Canterbury and Crondall cases: A Tale of Two Habitat Regulations Screening Assessments

BCLP on

The CJEU in People Over Wind on the lawful approach to HRA screening has been tested again in the UK in two further cases.  The ‘Canterbury and Crondall’ cases which are examined in this blog show that, domestically, the...more

A&O Shearman

Failure to use reasonable endeavours: skating on thin ice

A&O Shearman on

In Gaia v Abbeygate, Abbeygate, a development company, was required to pay to Gaia GBP1.4m, for failure to use reasonable endeavours to enable a commercial site to be redeveloped: Gaia Ventures Ltd v Abbeygate Helical...more

Hogan Lovells

A landlord’s intention to redevelop – breaking news from the Supreme Court

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The Supreme Court has handed down its judgment in the case of S Franses Limited v The Cavendish Hotel (London) Ltd in the most important 1954 Act case for decades. ...more

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