Tag Archives: development

The impact of purdah on planning and a recent decision on judicial review

Author: Fiona Sawyer, Professional Support Lawyer, Planning, London This week, we have links to two pieces of interest to developers: "Getting away with purdah" – an article in EG by Matthew White, Head of Planning, and Annika Holden, Associate (Australia), Planning, … Continue reading

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Filed under Development, 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

The limits of good faith

Author: Michael Mendelblat, Professional Support Lawyer, Construction and Engineering, London   The NEC Form of Contract is now in wide use in construction projects. The first clause says that the parties "shall act as stated in this contract and in … Continue reading

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Filed under Construction and Engineering, Development

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

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

The importance of consistency

Author: Michael Mendelblat, Professional Support Lawyer, Construction and Engineering, London   In a construction project, how a builder and/or designer's potential liability is classified in the contract and technical documentation can be crucial to recovery of any costs associated with … Continue reading

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Filed under Construction and Engineering

IPF Non-Disclosure & Exclusivity Agreements

Author: Richard Forsdyke, Partner, Real Estate, London We find this interesting and so thought we would share. To save unnecessary time and resources drafting bespoke agreements, the Investment Property Forum ("IPF") has published a standard form Non-Disclosure Agreement ("NDA") for parties … Continue reading

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Successful sub-sales – being a good middle man

Author: David Evans, Senior Associate, Real Estate, London Negotiating the purchase of a property while simultaneously negotiating the sale of the same property can be difficult, especially where the sub-sale element is confidential. But a sub-sale can be a very attractive … Continue reading

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When quiet enjoyment means just that

Author: Julian Pollock, Partner, Real Estate, London Earlier this year, the courts decided that, even if there is an express right to carry out works in a lease, a landlord cannot ride a coach and horses through a quiet enjoyment … Continue reading

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Filed under Construction and Engineering, Development, Landlord and tenant

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