Those of you involved in the acquisition of properties in Wales over the next couple of months should take note – if the value is over £1,000,000 for non-residential properties (or for non-residential leases, a net present value of over £2,000,000) or £400,000 for residential properties, then you’ll pay less tax if you can complete … Continue Reading
Recent news on skateboarders applying to register the Southbank undercroft as a village green (frustrating redevelopment plans if they do) and the recent registration of a beach as common land show how unlikely areas used for recreation can gain legal protection. Here we update on the most recent cases – the trend of decisions favouring … Continue Reading
The Government has today published the new National Planning Policy Framework and here is a link. This comes into effect immediately and is part of the Government’s drive to simplify planning in the UK to promote growth. Government sources today called it ‘unashamedly pro-growth.’ Last summer’s draft of the NPPF got a lot of criticism … Continue Reading
Almost exactly a year ago we posted a blog on the High Court case of London Tara Hotel Limited v Kensington Close Hotel Limited, where it was decided that a personal licence to use a roadway granted to the previous owner of the Kensington Close Hotel did not prevent the current owner from acquiring an … Continue Reading
We have previously posted on the potential pitfalls for developers arising because of Commons legislation. No developer of land historically used for leisure activities by the public can afford to ignore the risks of commons registration, as the Courts are currently interpreting the legislation in favour of the users of the land (not the owners). A … Continue Reading
This post was also written by George Brown Looking back at our original blog and subsequent update on the Bribery Bill, you may be forgiven for wondering when on earth the promised guidance from the Government will be published. The Ministry of Justice consulted on the draft guidance between September and 8 November last year. … Continue Reading
A recent case in the High Court, London Tara Hotel Limited v Kensington Close Hotel Limited, underlines the importance of careful management and monitoring of property interests, especially when rights are granted by licence, to avoid the accidental grant of easements in perpetuity.… Continue Reading
Much has been written about the UK Government’s Carbon Reduction Commitment (Energy Efficiency) Scheme (‘CRC’) over the last two years. Many in the property sector are aware of the complications around reporting carbon emissions to comply with the CRC and charging the costs of allowances to those consuming the fuel. The UK Government’s comprehensive spending … Continue Reading
This post was also written by Philip Olmer. There have been numerous press reports about the Coalition Government’s intention to axe many of the quangos created by former Labour administrations as part of the Government’s effort to reduce the country’s deficit. Recent articles have speculated that up to 200 of these quangos will be axed … Continue Reading
Break clauses are often incorporated into leases as a way for the tenant and occasionally, but less frequently, the landlord to maintain flexibility. In the present market they are often exercised by tenants. But exercising break rights and even the clauses can cause problems for the unwary tenant and great care must be taken to … Continue Reading
On 6 April 2010, the new Community Infrastructure Levy (‘CIL’) Regulations came into force, partially replacing the current system of Section 106 agreements. There won’t be an immediate change in the planning regime, but now is the time to think about the CIL and any potential impact on future developments and transactions.… Continue Reading
A decision by the High Court on the liability of a guarantor has just been published and is already causing concern and consternation in the market.… Continue Reading
This post was also written by Mark Hargreaves. Following on from our original blog on the Bribery Bill there have been some changes to the Bill during its speedy passage through Parliament. We have no doubt that this Bill will be enacted before the General Election. Agents, investors and developers do need to be aware … Continue Reading
