Planning

An unusual consequence of the housing crisis – or, when is it against public policy to enforce a hospice’s privacy?

Author: Jerome Temme, Trainee, Real Estate Dispute Resolution, London Take a hospice, a restrictive covenant preventing development next door which, at the time of the development, served to protect the privacy of the sick children, their families and visitors, and … Continue reading

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Filed under Development, Dispute resolution (property litigation), Housing, Planning

Time to respond to the Housing White Paper

Author: Matthew White, Partner and Head of Planning, London There is just over one month left to submit responses to the Government's Housing White Paper and Build to Rent consultations. Published on 7 February 2017, the consultation period closes for the Build … Continue reading

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Filed under Development, Housing, Planning

The changing cost of environmental claims

Authors: Andrew Lidbetter, Partner, London and Jasveer Randhawa, Of Counsel, London   In environmental (Aarhus Convention) claims, judges can now award costs that take into account the claimant's financial resources. As of 28 February 2017, judges in environmental judicial review claims and … Continue reading

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Filed under Development, Dispute resolution (property litigation), Environmental law, Planning

Sky’s the limit?

Author: Helena Thompson, Associate, Planning and Environment, London Almost a month on, we have now all had a chance to consider what the Housing White Paper means for the future of housing. The planning team here at Herbert Smith Freehills have … Continue reading

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Filed under Development, Housing, Planning

Air quality – further developments this week

Authors: Julie Vaughan, Senior Associate, Environment and Helena Thompson, Associate, Planning and Environment, London There have been a number of developments in relation to air quality since our blog post last week: Revision of the National Emissions Ceilings Directive was … Continue reading

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Filed under Development, Environmental law, Planning

Important Information for Property Investors: Proposed extension of the ‘no-scheme’ principle for compulsory purchase compensation, to include relevant transport projects from 8 September 2016

Authors: Alexandra Rhodes, Senior Associate, Planning and Matthew White, Partner and Head of Planning, London In September the Department for Communities and Local Government ('DCLG') and HM Treasury issued the Government's response to its consultation carried out earlier this year on … Continue reading

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More on the new power to override easements and other rights: Section 203 of the Housing and Planning Act 2016

Author: Matthew White, Partner and Head of Planning, London In the September edition of 'Property in Practice', the Law Society's Property magazine, Matthew White, partner and head of planning at HSF, examines the new power to override easements and other … Continue reading

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Filed under Development, Planning

A new “right to a community”? Decision by the Secretary of State not to confirm the CPO for Aylesbury Estate

Authors: Matthew White, Partner and Head of Planning, Real Estate, London and Lucy Morton, Professional Support Lawyer, Planning, Real Estate, London On 16 September 2016, the Secretary of State for Communities and Local Government, Sajid Javid, decided not to confirm Southwark … Continue reading

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Filed under Development, Planning

The end of pre-commencement conditions or just wishful thinking?

Author: Charlotte Dyer, Senior Associate, Planning, London After months of hard work preparing a planning application and engaging in discussions with the local planning authority and other statutory bodies, planning permission has finally been granted.  The team members reach for … Continue reading

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Listed building enforcement: the perils of altering or extending a listed building

Author: Charlotte Dyer, Senior Associate, Planning, London Anyone intending to alter or extend a listed building must pay careful attention to the rules regulating development of listed buildings or they risk severe penalties.  Where such works have been carried out … Continue reading

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Filed under Development, Heritage, Planning