This article was first published on Lexis®PSL Property on 24 January 2019.  Fiona Sawyer, professional support lawyer in the planning team at Herbert Smith Freehills LLP, and Frances Edwards, senior associate and specialist real estate litigator at the firm, point… Read more

A publication that has caught the attention of many in the industry this week is the government-commissioned 'Independent Review of Planning Appeal Inquiries.' The review, chaired by economist Bridget Rosewell CBE, was tasked in June last year with assessing how… Read more

  From 25 January 2019 (although see here for our commentary on the ambiguity surrounding the actual date), local planning authorities must use the new standard methodology for assessing housing need set out in the National Planning Policy Framework published in… Read more

This Thursday is 24 January 2019, a hotly anticipated date in the planning world because this is the date referred to in the revised National Planning Policy Framework ("NPPF") as the date after which the policies in the revised NPPF… Read more

Two key themes of the Budget on 29 October 2018 were increasing the supply of housing and improving the health of high streets and town centres. Published with the Budget was the consultation 'Planning reform: supporting the high street and… Read more

In October, we wrote about the Supreme Court case S. Franses Ltd v The Cavendish Hotel (London) Limited [2018] UKSC 62, concerning a landlord’s ability to oppose a lease renewal under the Landlord and Tenant Act 1954 (the “Act”) using… Read more

It has been clear for some time that, from April 2019, non-UK residents would become subject to UK tax on gains when disposing of investments in UK commercial property or substantial interests in UK "property rich" vehicles. Whilst draft legislation has… Read more

Today the Supreme Court will hear the case of S. Franses Ltd v The Cavendish Hotel (London) Limited, a case which property litigators have been following closely since last year. The case concerns a landlord's ability to oppose a lease… Read more

Viability is at the heart of the extent to which private developers can be expected to bridge the gap between demand for and supply of affordable housing. In April this year, in a postscript to his judgment in the case… Read more

This blog post explores why purchasers should take an assignment or insist on other protection before relying on reports provided to them by others. If your answer to the question posed is ‘yes’, read on as this is exactly what… Read more

This blog post explores how the meaning of affordable housing has evolved following the publication of the revised National Planning Policy Framework ("NPPF") on 24 July 2018 and the Draft New London Plan showing Minor Suggested Changes on 13 August… Read more

This article was first published on Lexis®PSL Planning on 9 August 2018. Will the government’s new planning rulebook deliver on its promises? Robert Walton, barrister at Landmark Chambers, says the new National Planning Policy Framework (NPPF) is a step in… Read more

The revised National Planning Policy Framework (NPPF) was published on 24 July 2018. This post considers what difference it will make – in terms of the impact on developers, whether the government's aims will be achieved and how soon its… Read more

When purchasing a development site, it is important to make sure that the site can be used for the purpose for which it is acquired. When it comes to easements, in theory a purchaser should not get any nasty surprises.… Read more

The SRA Code of Conduct 2011 forms part of the Solicitors Regulation Authority Handbook. The Code is to be adhered to by all lawyers – both in-house and in private practice. Sometimes it's good to have a timely reminder of… Read more

The High Court has declared a key policy in the mayor of London’s planning guidance on affordable housing ‘unlawful’ – but what does that mean in practice? Matthew White, Partner and Head of UK planning, explains the impact of the decision in this article published on EGi… Read more

In this podcast our HSF Real Estate partners Jeremy Walden and Shona Grey discuss how the legal profession is responding to technological advances, as part of the EG Tech Talk Radio series. ... Read more

In a 4-1 ruling, the Supreme Court has found in favour of HMRC in the long-running saga of Project Blue Limited v. HMRC (2018) UKSC 30, to the effect that the taxpayer was liable to pay stamp duty land tax… Read more

The word "trespasser" may well send a shiver down the spine of many commercial landowners.  Trespass can take a number of different forms, from squatters in empty commercial buildings, to travellers on empty land, or protestors occupying land to gather… Read more

It is unlikely to have gone unnoticed from the volume of emails asking individuals to "opt in" to future company mailing lists that tomorrow (Friday 25 May), the EU General Data Protection Regulation (GDPR) comes into effect in all EU… Read more

Cyber security affects all businesses and industries and is a Board level agenda item. As cyber-attacks are becoming more common (and hitting large institutions, such as Uber and the NHS) we are advising our clients to check the adequacy of… Read more

Despite prevailing market practice indicating a preference by developers/landlords to continue to use the 6th edition (2007) of the RICS Code of Measuring Practice (CoMP), RICS will continue to ask its members to apply the International Property Measurement Standard (IPMS). Whilst our clients should be aware of RICS… Read more

A commonly encountered provision in the standard form JCT Building Contract (2005 edition) was interpreted by the Court of Appeal to include an implied obligation on a developer to use "all due diligence" to obtain planning approvals. The phrase "all… Read more

Not many outside the business rates bubble will have been following the twists and turns of the Mazars case and its aftermath.  Stripping away the jargon, the Supreme Court decided that each floor in a multi-occupied building should be subject… Read more

Now that the annual decant to Cannes has drawn to a close, I am left wondering how to judge the mood of this year's MIPIM – the world’s biggest property show. This was a year of contradictions: not just the… Read more