The Practical Lawyer


ACV – listing process timetable

A summary of the asset of community value listing process.

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Development – protected species

What happens if a developer finds a protected species on the development land? There are numerous wildlife protection Acts that might apply.

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Right to light – injunction?

The ability to obtain an injunction is an important part to any right to light claim. While there may also be a claim for damages, it is the injunction claim that is likely to bite.

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Affordable housing – negotiations

Affordable housing can be of three types: social rented housing; affordable rented housing; or intermediate housing.

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Rates – avoidance ploys

There are three main ploys (or ‘mitigation products’) for avoiding business rates.

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Knotweed – nuisance

Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now gone to the CA, which has confirmed that there is a ‘nuisance’ – but for entirely different reasons.

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Property loans – enforcement

A reminder of the basic enforcement options for real estate lenders:

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Rates – empty property

If premises are unoccupied, then liability to pay the business rates falls on the ‘owner’ (ie the person entitled to possession).

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SDLT – ‘residential dwelling’

The distinction between ‘residential’ and ‘non-residential’ can be important, from an SDLT point of view, for builders.

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Restrictive covenants – s84

Section 84 LPA 1925 allows for the discharge or modification of restrictive covenants. There are several grounds but the one with the greatest chance of success is when the covenants do not secure any practical benefits of substantial value, or advantage, to those who can enforce them. While there are many cases about what this means, the reality is that each application turns on its own facts.

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