Urbanisme

eAlerts Récentes

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  08.03.2023

  United Kingdom

  The Tate Mo­dern Vie­wing Gal­lery Case: Im­pli­ca­tions for Plan­ning

  On 1 February 2023, the Supreme Court handed down their much-awaited judgment in Fearn and others v Board of Trustees of the Tate Gallery,[1] finding that the impacts of the Tate Modern’s viewing gallery on the privacy of adjacent luxury flat owners constituted an unlawful nuisance.Five owners of luxury flats argued that overlooking by visitors to the viewing platform, which attracts hundreds of thousands of visitors each year, amounted to a nuisance.[2] The claimants were unsuccessful in the High Court and Court of Appeal. However, the Supreme Court disagreed, in a significant judgment for...

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  30.11.2022

  Royaume-Uni

  Bu­si­ness Rates: The ef­fect of the Au­tumn Sta­te­ment 2022

  Summary On 17 November 2022 the Chancellor presented the Autumn Statement, which revealed a package of support to help with business rates worth a projected £13.6 billion over the next 5 years. The key points, in relation to business rates, are as follows: Business rates will be revalued from 1 April 2023 as planned Business rates multipliers will be frozen in 2023-2024 Downward transition caps are to be abolished Upward transitional relief caps are to be applied Sector specific support to be extended to 75% Certain small business bills capped at £600 a year New improvement relief...

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  25.11.2022

  Royaume-Uni

  Pro­blems with con­cur­rent leases and the Elec­tro­nic Com­mu­ni­ca­tions Code

  In August this year, the Upper Tribunal published a decision which identifies a serious gap in Schedule 3A of the Communications Act 2003 (the Electronic Communications Code) (“Code”) and raises concerns for property owners, investors and developers when dealing with Code operators where there are “concurrent or intermediate leases”. These are leases that are granted to sit between, for example, the freehold and an existing lease so that the tenant under the concurrent lease becomes the landlord of the existing tenant. The effect of the Upper Tribunal’s current decision...

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  17.11.2022

  Scotland

  Hill­side and NPF4: An Event­ful Week for Plan­ning in Scot­land

  Hillside The Supreme Court has recently issued its eagerly anticipated judgment in the Hillside case, which considered the implications of overlapping planning permissions. The Hillside judgment is arguably one of the most significant planning judgments in many years and is of relevance to developers, planning consultants and planning officers dealing with overlapping planning permissions. We have discussed some of the key issues arising from the judgment in a number of articles, which can be accessed at the following links: Hillside Revisited- Supreme Court gives judgment on (in)compatibility...

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  09.11.2022

  Royaume-Uni

  Hill­side Re­vi­si­ted 4: Phy­si­cal dif­fe­rences must be ma­te­rial?

  1. Introduction This is the fourth Law-Now in a series on the Supreme Court’s judgment in Hillside Parks Ltd v Snowdonia National Park Authority. The first Law-Now is available here, the second here and the third here. In Hillside,[1] the Supreme Court confirmed and to some extent clarified how to approach overlapping planning permissions. 2. The Supreme Court Judgment in Hillside A key point from the judgment in Hillside, is the Supreme Court’s analysis on the use of overlapping/inconsistent planning permissions on the same piece of land – known as “the Pilkington principle”....

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  08.11.2022

  Royaume-Uni

  Hill­side Re­vi­si­ted 3 – Sage Ad­vice – De­ve­lop­ment pur­suant to a plan­ning per­mis­sion does not need to be com­ple­ted to be law­ful

  In the third in our series of Law-Nows looking at the Supreme Court’s judgment in Hillside[1], we consider how the Supreme Court has clarified the applicability of the Sage[2] principle. The Supreme Court has now confirmed that development pursuant to a planning permission does not need to be completed to be lawful. The Sage principle Sage concerned the time period for enforcement for works carried out without planning permission. Mr Sage had partially built a dwelling house without planning permission and the local authority sought to take enforcement action in respect of the works. The...

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