Indexation calculations for Community Infrastructure Levy (CIL)

In areas where a Community Infrastructure Levy (CIL) charging schedule has been adopted,  the formula in the CIL Regulations must be used to calculate the CIL charge payable on a new property development.  Indexation is part of the formula used to calculate the CIL charge and the wording in the regulations has been causing concern … Read more

Black Wednesday for M&S as it loses Supreme Court Battle…

The Supreme Court unanimously rules that, in the absence of express wording in the lease, Marks and Spencer is not entitled to an apportioned refund of rent and other charges after it had exercised a break clause in its lease The Supreme Court has today (2 December 2015) handed down its long-awaited judgment in the … Read more

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, with sector by sector analysis of the implications of a Brexit.  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 pre-commencement conditions. Other procedural changes in place from 15th April include: • Amended notification arrangements … 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 relation to arrangements for handling heritage applications, outlining procedures for notifying Historic England and National … 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 EIA regulations then no EIA screening is required and the planning application can be submitted … 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 Act 2013). Failure to receive approval before such demolition is a criminal offence. It is … 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 affordable housing contributions. The policy was always controversial and had not had a high rate … 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. The broad aims of the bill are to further streamline the planning system as well … Read more