Q&As

Comprehend the law and how it impacts your clients. Q&As shine a light on common issues
Is there a limitation period for water authorities to require a build over agreement to be entered into (for example, if a building had been in existence for 12 years without a relevant build over agreement in place)? Are there any specific powers to require a build over agreement to be entered into retrospectively (if the authority owned the sewer prior to the 2011 transfer)?

Is there a limitation period for water authorities to require a build over agreement to be entered into (for example, if a building had been in existence for 12 years without a relevant build over agreement in place)? Are there any specific powers to require a build over agreement to be entered into retrospectively (if the authority owned the sewer prior to the 2011 transfer)?

Is there a limitation period for water authorities to require a build over agreement to be entered into (for example, if a building had been in...

Is it possible to amend the red line boundary of a planning permission through an application made under section 73 of the Town and Country Planning Act 1990, in circumstances where the change is minor, and where the size/boundary of the site is not stated in the description of the development?

Is it possible to amend the red line boundary of a planning permission through an application made under section 73 of the Town and Country Planning Act 1990, in circumstances where the change is minor, and where the size/boundary of the site is not stated in the description of the development?

Is it possible to amend the red line boundary of a planning permission through an application made under section 73 of the Town and Country Planning...

Are there any restrictions on amending the red line on a planning application before it is determined?

Are there any restrictions on amending the red line on a planning application before it is determined?

Are there any restrictions on amending the red line on a planning application before it is determined?There is no statutory basis which expressly...

What is the precedent value of an Upper Tribunal decision on other courts? Would a decision of the Upper Tribunal (Lands Chamber) on the interpretation of the National Planning Policy Framework, National Planning Practice Guidance and the Town and Country Planning (Development Management Procedure) (England) Order 2015, SI 2015/595 be binding on courts other than the Upper Tribunal?

What is the precedent value of an Upper Tribunal decision on other courts? Would a decision of the Upper Tribunal (Lands Chamber) on the interpretation of the National Planning Policy Framework, National Planning Practice Guidance and the Town and Country Planning (Development Management Procedure) (England) Order 2015, SI 2015/595 be binding on courts other than the Upper Tribunal?

What is the precedent value of an Upper Tribunal decision on other courts? Would a decision of the Upper Tribunal (Lands Chamber) on the...

Legal Guidance

Q&As

Does adoption of a highway trigger first registration?

Does adoption of a highway trigger first registration?An adopted highway is a highway maintainable at public expense, meaning that its repair is the...
2nd Apr
Q&As

Where a solicitor’s retainer does not include a specified obligation to advise in relation to Community Infrastructure Levy (CIL) payments, will the solicitor be liable if, nonetheless, it gave wrong advice in relation to CIL payments in circumstances where the correct information on CIL payments was available to the solicitor at the time they gave their incorrect advice?

Where a solicitor’s retainer does not include a specified obligation to advise in relation to Community Infrastructure Levy (CIL) payments, will the...
31st Mar
Q&As

What is retained EU law?

What is retained EU law?Retained EU law is a legal concept describing EU-derived legislation, rights and principles the UK plans to preserve in UK law...
Produced in partnership with Mathias Cheung of Atkin Chambers 31st Mar
tag iconBrexit
Q&As

In the context of Brexit, what is meant by the ‘transition or implementation period’?

In the context of Brexit, what is meant by the ‘transition or implementation period’?The term ‘transition or implementation period’ is used in the...
31st Mar
tag iconBrexit
Q&As

Has there been a presumed dedication of land as a highway if a street lamp has been erected on a verge which HM Land Registry notes is under a separate title number? Is there anything that can be done to rectify the discrepancy?

Has there been a presumed dedication of land as a highway if a street lamp has been erected on a verge which HM Land Registry notes is under a...
Produced in partnership with Kate Andrews of Hamlins 26th Mar
Q&As

Can a person who uses an unadopted section of road to access its property (but who is not a frontager) maintain and improve the road? The road is recorded on the definitive map as a highway. The owner is unknown, the land is unregistered.

Can a person who uses an unadopted section of road to access its property (but who is not a frontager) maintain and improve the road? The road is...
26th Mar
Q&As

Can a local planning authority grant retrospective planning permission for a development where it is the applicant, in circumstances where it knew that it needed planning permission ahead of the development?

Can a local planning authority grant retrospective planning permission for a development where it is the applicant, in circumstances where it knew...
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 25th Mar
Q&As

What is the time limit to bring a prosecution in respect of non-compliance with an improvement notice under section 30 of the Housing Act 2004 and when does the time limit start to run?

What is the time limit to bring a prosecution in respect of non-compliance with an improvement notice under section 30 of the Housing Act 2004 and...
20th Mar
Q&As

What powers and duties do statutory undertakers have to carry out works to sewers? Do landowners/developers have any rights/powers/a say as to when the statutory undertaker should carry out the works to sewers? Are there any compensation provisions and/or cases for businesses/landowners/developers that suffer losses as a result of works to sewers?

What powers and duties do statutory undertakers have to carry out works to sewers? Do landowners/developers have any rights/powers/a say as to when...
20th Mar
Q&As

What is the position on the interpretation of EU case law relating to EU Directives post IP completion day? In cases concerning retained EU-derived domestic legislation which implements an EU Directive, are UK courts and tribunals bound or permitted to have regard to EU case law on that Directive even though the Directive itself is not retained?

What is the position on the interpretation of EU case law relating to EU Directives post IP completion day? In cases concerning retained EU-derived...
14th Mar
Q&As

What is a section 104 agreement?

What is a section 104 agreement?A section 104 agreement usually refers to an agreement made pursuant to section 104 of the Water Industry Act 1991...
14th Mar
Q&As

Are there any statutory provisions which would permit an electricity distributor to repair an electricity cable underneath construction works? Alternatively, are there any statutory provisions which prevent construction works taking place within a specified distance of any underground electricity cables?

Are there any statutory provisions which would permit an electricity distributor to repair an electricity cable underneath construction works?...
Produced in partnership with 14th Mar
Q&As

If land is subject to a forestry dedication covenant in what circumstances does this terminate, can it be terminated on a change of ownership?

If land is subject to a forestry dedication covenant in what circumstances does this terminate, can it be terminated on a change of ownership?Section...
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 25th Feb
Q&As

What is the effect on a lease that defines a permitted use as B1, B2 and B8 of the Town and Country Planning (Use Classes) Order 1987 as at the date the lease is granted and the lease was granted in 2022? Does this mean that B1 use will be excluded, while B2 and B8 use are permitted?

What is the effect on a lease that defines a permitted use as B1, B2 and B8 of the Town and Country Planning (Use Classes) Order 1987 as at the date...
Produced in partnership with Kevin Leigh 16th Feb
Q&As

Can a local planning authority enter into a deed of variation under section 106A of the Town and Country Planning Act 1990 with itself as landowner?

Can a local planning authority enter into a deed of variation under section 106A of the Town and Country Planning Act 1990 with itself as...
16th Feb
Q&As

When proceeding with a compulsory purchase order (CPO) for land burdened by restrictive covenants, must the covenants be referred to in the CPO schedule, notwithstanding that those covenants cannot be expunged by the CPO?; Is it correct that in such circumstances, the beneficiaries of such covenants can only claim compensation pursuant to section 10 of the Compulsory Purchase Act 1965?; How in practice does that process sit alongside section 203 of the Housing and Planning Act 2016?; Must an acquiring authority rely on the appropriate section at the appropriate time, depending on the overall progression of the CPO and planning permission?

When proceeding with a compulsory purchase order (CPO) for land burdened by restrictive covenants, must the covenants be referred to in the CPO...
16th Feb
Q&As

Where a planning permission (and in this case listed building consent) has been validly implemented by the owner of a property and the owner is now selling the property, is the buyer under an obligation to complete the works required by the implemented planning permission (and in this case listed building consent)?

Where a planning permission (and in this case listed building consent) has been validly implemented by the owner of a property and the owner is now...
Produced in partnership with Kevin Leigh 16th Feb
Q&As

Can a right of way be granted in a transfer over a road which is yet to be constructed, with the right of way commencing following the road’s construction?

Can a right of way be granted in a transfer over a road which is yet to be constructed, with the right of way commencing following the road’s...
Produced in partnership with Kevin Leigh 16th Feb
Q&As

Does a planning obligation to submit an ecological enhancement scheme for approval need to be formally discharged, or is the submission of the scheme and lapse of the maintenance period enough for the developer to have discharged its obligation and allow it to use the land for other purposes?

Does a planning obligation to submit an ecological enhancement scheme for approval need to be formally discharged, or is the submission of the scheme...
Produced in partnership with Kevin Leigh 16th Feb
Q&As

Can section 96A of the Town and Country Planning Act 1990 be used to apply for a non-material amendment to a planning permission where the applicant only has an interest in some but not all of the land?

Can section 96A of the Town and Country Planning Act 1990 be used to apply for a non-material amendment to a planning permission where the applicant...
Produced in partnership with Kevin Leigh 16th Feb

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