Impact of COVID-19 on planning

This week, offices, schools and public places are being closed in response to COVID-19. Herbert Smith Freehills continues to provide a full client service, with our teams mostly working remotely but, as with all businesses, those involved in planning are trying to work out the best ways to continue with projects and what accommodations need … Read more

Architects’ copyright

The HSF Intellectual Property team has produced an interesting podcast on the problems associated with the use of architects’ designs where specific permissions are not in place, and the impact on development projects. The podcast covers: What sort of works attract copyright? How could these copyright works be infringed? Who owns copyright in architects’ designs? … Read more

Court of Appeal declares government’s airports policy unlawful

This blog was first posted on HSF’s Public Law Notes on Thursday, 27 February 2020. Today in a unanimous decision the Court of Appeal found that the current Government policy in relation to the expansion of Heathrow Airport is unlawful. Background The Court of Appeal has today handed down two related judgments both concerned with … Read more

Supreme Court’s input required on dealing with restrictive covenants

All eyes will be on the Supreme Court this July, as it hears the developer’s appeal against the Court of Appeal’s decision in Alexander Devine Children’s Cancer Trust v Millgate Developments Limited and others [2018] EWCA Civ 2679, a case in which a developer built social housing in knowing breach of covenant. The Court of … Read more

RICS Code for leasing business premises – a new standard for a new decade

After a considerable period of consultation, RICS have this week published the new “Code for leasing business premises” (1st edition, February 2020) (the New Code) which, according to RICS, aims to make the process of commercial lease negotiations faster, more transparent and fairer. There is also hope that the new requirements will encourage businesses to … Read more

Delivering deliberative democracy – Government commitment to community involvement in decision making

Community involvement sits at the heart of the planning process. Evidence shows that enabling people to participate in the decisions that affect them improves confidence in dealing with local issues, builds bridges between citizens and the government, fosters engagement, and increases social capital. It also increases people’s understanding of how decisions are taken, which can … Read more

Environment Bill reintroduced

The Environment Bill 2020 was re-introduced into the House of Commons last week. It is an updated version of the bill published in October 2019 that was withdrawn due to the General Election (see here for our blog post on this). If adopted, it will be the most substantial piece of primary legislation on the … Read more

HS2 back on track?

The future of HS2 looked uncertain for a while but reports that Chancellor of the Exchequer Sajid Javid will back the project may pave the way for the government to announce that it will go ahead with what is currently the largest infrastructure project in Europe. The Oakervee Report On 21 August 2019, Transport Secretary … Read more

Co-living in Europe

In an article for Real Estate. Reconsidered, we looked at market and legal issues affecting co-living in the UK (for the article see here). In “Co-living – market and legal issues for co-living projects in Europe” we look at co-living further afield, in France, Germany and Spain as well as the UK. To recap, what … Read more