Building Safety Bill – Keeping Residents Safe

In the first of our briefings on the Building Safety Bill, we focussed on the new, more stringent, building safety regime that will apply during the development and construction of certain residential buildings, known as “higher-risk buildings”. But how does the Bill envisage that the safety levels achieved through competent construction of a higher-risk building … Read more

Commercial rent arrears: paid or delayed?

Landlords of commercial premises have, quite understandably, been awaiting further details of the UK Government’s anticipated “binding arbitration” scheme for rent arrears which have accrued during the Covid-19 pandemic and associated lockdowns. Happily for landlords and developers, a recent decision in the High Court has suggested that the courts will not entertain tactics by tenants … Read more

Cost implications at the permission stage for those bringing judicial reviews

This blog was first posted on Herbert Smith Freehills Public Law Notes. In a rare intervention on the question of costs, the Supreme Court has confirmed in CPRE Kent v Secretary of State for Communities and Local Government [2021] UKSC 36 that those bringing claims for judicial review and statutory challenges can face exposure to multiple sets of … Read more

New Residential Property Developer Tax (RPDT) – technical consultation

Following a consultation held earlier this year on the proposed Residential Property Developer Tax (RPDT) (see our blog post for more on this), on 20 September 2021 the government published further technical consultation on the draft legislation, which is accompanied by an explanatory note. This technical consultation closes on 15 October 2021, after which the … Read more

Public Law Podcast: The Judicial Review and Courts Bill

This blog was first posted on Herbert Smith Freehills Public Law Notes – see here. In the latest episode of our Public Law Podcast, Andrew Lidbetter and Nusrat Zar are once again joined by Vikram Sachdeva QC of 39 Essex. They consider the implications of the Judicial Review and Courts Bill introduced into Parliament in … Read more

Building Safety Bill – Reforming the development landscape

As we outlined in our previous blog on the Building Safety Bill this significant piece of legislation will effect a wholesale change to the planning and construction regime for residential developments, with a focus on increased accountability for all of those involved in the development and management of such projects. Whilst the Bill is not … Read more

Consultation on proposed Building Safety (Gateway 2) Levy

In July, we wrote about the coming into force on 1 August 2021 of Planning Gateway One, the first of three new stop/go “Gateways” within the new building safety regime. At that point we awaited details of the proposed “Gateway Two Levy”, the second of the two means by which the government is seeking contributions … Read more

Government introduces the Judicial Review and Courts Bill into Parliament

This blog was first published on HSF Public Law Notes on 23 July 2021. On 21 July, the Government introduced the Judicial Review and Courts Bill into Parliament. The Bill was foreshadowed in the Queen’s Speech on 11 May as part of the Government’s aim to ‘restore the balance of power between the executive, legislature and the courts’. … Read more

Published – Revised NPPF and National Model Design Code

In February, we wrote about the government’s consultation on proposed revisions to the National Planning Policy Framework (NPPF) and the National Model Design Code (NMDC), raising concerns which were echoed by many others about the incorporation into national planning policy and guidance of a requirement for development to be “beautiful”. Last week, the government published … Read more