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The London planning team at Herbert Smith Freehills has been heavily involved in the infrastructure planning world for many years. We have acted on some of the biggest and most high-profile nationally significant infrastructure project (NSIP) applications to go through the Planning Act 2008 process, from the Hinkley Point and Sizewell new nuclear power stations … Read more
On 9 November 2021, after two years as a Bill and a final period of ping pong between the Houses of Parliament, the Environment Bill received Royal Assent and became the Environment Act 2021 (EA 2021). The majority of the EA 2021 is not yet in force – only the Office for Environmental Protection (OEP) … Read more
Since its revision in 2017, the Electronic Communications Code (the Code) has been the subject of much debate and confusion on the part of both operators and occupiers (being the landowner or person who is able to grant Code rights) as parties struggle to align their conflicting interests and objectives with regards to the implementation … Read more
The UK National Security and Investment Act 2021 comes into force today, 4 January 2022. Although the majority of real estate transactions are unlikely to give rise to national security concerns the potential application of the new regime must be considered as the consequences of falling within it could be significant. We have updated our … Read more
For the unwary and unprepared, the legislative terminology and powers surrounding what might casually be called a “road” or “path” can be a maze. A recent case is a useful reminder of the potential consequences of failing to proactively prevent public use of a private route. Statutes use different, overlapping words or phrases to describe … Read more
The planning system has an important role to play in promoting and sustaining diversity and inclusion in communities. However, is it currently rising to the challenge and, if not, what can those in the planning industry do to make a difference? In this episode, Charlotte Dyer, an Of Counsel in the HSF London Planning Team, … Read more
We previously reported on the introduction of the Trust Registration Service in 2017 and, in particular, how this would likely impact the commercial real estate sector. The Fifth Money Laundering Directive (MLD5), which came into effect on 6 October 2020, has significantly broadened the scope of the obligations to register. In this article, we have … Read more
Although the Community Infrastructure Levy (CIL) has been with us for over a decade, it continues to feel new (perhaps because the government keeps changing it) and, thanks to the regime’s complexity and rigidity, can throw up some unwelcome surprises. The recent case of Stonewater (2) Ltd v Wealden DC – in which an affordable … Read more
Avid readers of HSF Real Estate Development Notes will remember us reporting in our October blog on the Trocadero case. This followed the High Court’s decision to grant summary judgment to the landlord of commercial premises in a claim for arrears of rent and service charges due since the outbreak of the Covid-19 pandemic. The … Read more
