Consultation on new permitted development rights for telecomms apparatus

Recently, the government announced a consultation on proposals to reform permitted development rights (PD rights) for operators under the Electronic Communications Code (Code Operators). The aim of the proposals is to support 5G technology and extend mobile coverage. Four new PD rights are proposed, two of which would require prior approval from the local planning … Read more

CIL Infrastructure Funding Statements – Clarifying the Opaque

New planning guidance was published by the Government on Sunday 1 September regarding the Community Infrastructure Levy (CIL) in light of recent amendments made to the CIL Regulations. One of the key changes made is the revocation of Regulation 123 (see here for our recent blog on this), which provided that a development could not … Read more

Mandatory Biodiversity Net Gain, in due course…

DEFRA released their response to the responses on the consultation in relation to the proposals for mandatory 10% biodiversity net gain in July, with it having been confirmed by the (then) Chancellor of the Exchequer in the Spring Statement that the forthcoming Environment Bill would mandate biodiversity net gain for development (housing and commercial, not … Read more

Risky business: building on a flood plain

Everyone likes a river view, but building near water can have unexpected challenges! Even when the river itself is out of sight, any development on a flood plain can have potential environmental impacts on drainage and flooding – an increasing concern in the context of climate emergency. A failure to obtain planning permission for development … Read more

Construction Contract & Claims Management Podcast Series – EP5: How to Navigate Settlement Discussions and Prepare Settlement Agreements

The success of large-scale development projects depends greatly on the parties maintaining a good commercial relationship. Whilst claims and disputes are often inevitable in relation to construction works, early and amicable settlement can be instrumental in sustaining those relationships and ensuring the successful delivery of a project. So when should a party start to think … Read more

New HSF blog – Construction Notes

Readers of this blog may be interested to know that the Herbert Smith Freehills construction and infrastructure team has launched a new blog of its own – Construction Notes. Construction Notes will include articles and updates on the latest developments in the construction sector, from both a contentious and non-contentious perspective, from HSF’s industry experts … Read more

Amending the status quo on reserved matters approvals

Making amendments to details submitted as reserved matters on large development schemes can pose difficulties – until now there has been no specific authority that non-material amendments could be made to reserved matters approvals (RMAs), although it has frequently been done in practice. A recent Court of Appeal decision, R (on the application of Fulford … Read more

CIL reform: What the dickens!

“Large amounts don’t grow on trees. You’ve got to pick-a-pocket or two.” On 1 September 2019, the CIL Regulations will be amended – yet again. Among the various technical changes is the removal of Regulation 123, which currently prevents local planning authorities using more than five section 106 obligations to fund a single infrastructure project. … Read more