Planning

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Recent Articles

  •  
    02/10/2024
    United Kingdom

    Prosser v Ricketts and single assessment/small business relief

    Small Business Rates relief entitles a ratepayer occupying a hereditament with a rateable value of not more than £12,000, to a 100% reduction in their rates bill.  Therefore, for a small business owner, or the occupier of a smaller hereditament, it is a valuable form of relief.In Prosser v Ricketts a barristers’ Chambers brought an appeal before the Upper Tribunal arguing that the rooms occupied by the individual members of Chambers were not part of a single hereditament but a number of individual hereditaments which qualify for small business rates relief.The appeal premisesThe...
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  •  
    16/09/2024
    England and Wales

    Spotlight on Compulsory Purchase Compensation

    The compulsory purchase regime is a useful tool for bringing forward large-scale regeneration projects, but previous and current governments have highlighted the need to reform and simplify this regime to get Britain building. Recent compensation cases handed down by the courts emphasise how complex the regime is.Supreme Court authorityIn Secretary of State for Transport v Curzon Park Ltd and others [2023] UKSC 30; [2023] EGLR 36, four neighbouring sites were acquired by the Secretary of State. The local planning authority (“LPA”) granted each owner a certificate of appropriate...
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  •  
    13/09/2024
    United Kingdom

    Data Centres officially designated as “Critical National In­fra­struc­ture” – the first CNI designation in nearly a decade

    Summary 12 September 2024 was an important milestone for the UK’s digital future as the UK government has officially designated data centres, which store a substantial portion of the nation’s data, as ‘Critical National Infrastructure’.Designation of data centres as Critical National Infrastructure (CNI)This is a significant decision which acknowledges the key role and fundamental importance that data centres now play in today’s digital economy and modern-day life where the use of AI is growing exponentially.  Data centres are the central nervous system of...
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  •  
    01/08/2024
    United Kingdom

    Significant Electronic Communications Code decision on terms of telecoms lease

    Summary  The Upper Tribunal has delivered a significant decision on the terms of a lease renewal of a greenfield telecommunications site under the Electronic Communications Code. In particular, in deciding the terms of a landlord’s break right the Tribunal determined that proof of the relevant intention to redevelop was required only at the time any dispute was heard by the Tribunal, and not when notice was given to terminate the lease. The Tribunal’s determination relating to the amount of rent under the lease is also significant since it is the latest in a line of decisions applying...
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  •  
    31/07/2024
    England

    Consultation on revised NPPF launched – dramatic changes as promised for the planning sector

    Yesterday, the Government launched an 8 week consultation on changes to the National Planning Policy Framework (NPPF) which is scheduled to run until 11.45pm on 24 September 2024.The draft largely follows through on Labour’s pre-election promises to take “decisive and early” action on planning reform. We outline below the key proposed revisions to the NPPF that emphasise the strong growth-focussed approach this Government intends to take with the planning system.  Changes to the NPPF will still take a number of months to come into effect due to the consultation requirements,...
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  •  
    19/07/2024
    United Kingdom

    King’s Speech 2024: Will Labour get Britain back building again?

    Planning reform was centre stage of Labour’s manifesto with some ambitious targets for the new Parliamentary term and now, following the King’s Speech on 17 July 2024, we get a hint of the significant legislative changes that are to come. Here we take a look at the new Bills announced and their potential impacts.Planning1. A Planning and Infrastructure Bill will be introduced to reform planning and accelerate the delivery of high-quality infrastructure and housing. The Bill has five key aims:Streamline the delivery process for critical infrastructure by simplifying the development consent...
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