Build in breach of restrictive covenants at your peril!

Honour restrictive covenants or risk paying the consequences, so says the Supreme Court. The highest court in the land has handed down judgment in Alexander Devine Children’s Cancer Trust v Housing Solutions Limited [2020] UKSC 45, a case which saw it consider an application to modify or discharge a restrictive covenant on land, made under … Read more

Back to basics: the Development Consent Order regime podcast series – EP1

The Planning White Paper published in August 2020 proposed a number of radical reforms aimed at streamlining and modernising the planning regime. One of those proposals was the potential for major housing developments to be brought into the development consent regime for nationally significant infrastructure projects (NSIPs) (see here for our blog on this subject). … Read more

UCO changes – uncertainty remains despite JR decision

Last Tuesday, the High Court handed down its decision in R (Rights: Community: Action) v Secretary of State for Housing, Communities and Local Government [2020] EWHC 3073 (Admin). This judicial review challenged regulations amending the Use Classes Order (UCO) (the UCO Amendment Regulations) which introduced a new, wide Use Class E (see our blog post … Read more

Real Estate Guide to IP

As posted earlier this month on the Herbert Smith Freehills IP Group blog (see here), the Herbert Smith Freehills IP and Real Estate teams have produced a quick guide to the intellectual property issues that can arise in relation to real estate. Read our Quick Guide to Intellectual Property Rights relating to Real Estate transactions … Read more

The Building Safety Bill – a new era of accountability

It’s sometimes hard to remember that amongst all of the Covid-19 and Brexit related work that the government is contending with there is still other business to be undertaken. In July of this year, the government released a draft “Building Safety Bill” which aims to introduce a “new era of accountability … for the design, … Read more

Contractual Control – a register too far?

Following the release of the “Planning for the future” consultation in the summer, the Ministry of Housing, Communities and Local Government (MHCLG) subsequently issued a further consultation document entitled “Transparency and Competition: A call for evidence on data on land control”, the aim of which is to increase transparency around “contractual arrangements used to exercise … Read more

“Planning for the future” consultation closes shortly

Two months ago the government published “Planning for the future“, a Planning White Paper proposing the most radical changes to the English planning system since the Second World War. The proposals have been the subject of much debate across the development industry. With the consultation closing in just over three weeks, developers still have time … Read more