Brexit stage left

Julie Vaughan, senior associate in the Environment team at Herbert Smith Freehills, co-authored an article for Estates Gazette on the legal impact of a Brexit. To read the article on EGi, please click here. Please also visit our Herbert Smith Freehills Brexit hub page,… Read more

Development Management Procedure Order 2015

The updated Development Management Procedure Order 2015 consolidates a range of previous changes, but also brought in (from 15th April 2015): • ‘Deemed discharge’ provisions in relation to planning conditions; • A requirement on local authorities to provide reasons for… Read more

Historic England (previously English Heritage)

Since 15 April 2015, Historic England has been the name for the Historic Buildings and Monuments Commission for England (previously English Heritage). Historic England must be notified of any applications for listed building consent. A new Direction was made in… Read more

EIA thresholds reduced

The regulations relating to Environmental Impact Assessment (EIA) set out various 'thresholds' for the purposes of determining whether development needs to be screened for EIA purposes. If the scale of the development is lower than the relevant threshold in the… Read more

Demolition in Conservation Areas – no permitted development rights

Since 1 October 2013 Conservation Area Consent has not been necessary for demolition of an unlisted building or enclosure in a conservation area, but the requirement now is to obtain approval for the demolition by planning permission (a change introduced by the Growth and Infrastructure… Read more

Vacant Building Credit – abolished

In November 2014, the Government published a Ministerial Statement which outlined a policy known as 'vacant building credit' whereby buildings which were empty could be given a credit, equivalent to the vacant floorspace of the building, to be set against… Read more

Housing and Planning Bill announced

Yesterday (13 October 2015) the Housing and Planning Bill was published, proposing new planning legislation including requirements for starter homes in section 106 agreements, planning permission in principle on brownfield sites, and allowing housing elements to be included in NSIPs.… Read more

Office to residential conversion rights to be made permanent

On the same day as announcing the Housing and Planning Bill (13 October 2015), the Department for Communities and Local Government confirmed that the temporary permitted development rights which allow conversions from office to residential use will be made permanent.  In May 2013… Read more

Bad Bargain? Bad news! Says the Supreme Court

The Supreme Court has ruled that tenants will not necessarily be saved from bad bargains even if service charge provisions require them to pay sums well in excess of the landlord's actual costs. Arnold v Britton and others [2015] UKSC… Read more

CDM Regulations come into force: who does what now?

The Construction (Design and Management) Regulations have been revised for the second time since 1994 and will come into force on 6th April 2015. The Regulations require various participants in the construction process to take appropriate measures in respect of… Read more

Judicial Review deadlines

The time limit for lodging an application for judicial review of a planning decision is now a fixed six weeks from the date of the decision. This will usually be the date the planning permission is actually issued (not the… Read more

No more extensions of planning permissions

The ability to apply to extend the life of planning permissions was introduced in 2009 but is now only available where the permission was granted on or before 1 October 2010. For all other permissions, extensions are no longer available… Read more

Community Infrastructure Levy (CIL) credits and offsets

Amendments made to the CIL regulations in 2014 changed the qualifying test for offsetting the floorspace of existing buildings against CIL liabilities for new development. During the three years before the time that the planning permission first permits development (the… Read more

New CDM Regulations published

CDM 2015 and its related guidance were published on Friday 9 January 2015 and, subject to Parliamentary approval and any changes between now and 6 April 2015, will come into effect on that date for new and existing projects. For… Read more