Archives: Land

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Planning – dealing with enforcement

April 2021 | Land

Property practitioners will be interested to read a detailed article which considers the effect of appealing an enforcement notice in the light of a recent HC case which involved a challenge to a council’s refusal to extend the time period for compliance with an enforcement notice which the council had served. The notice related to …

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Unauthorised development – methods of enforcement

April 2021 | Land

Breaches of planning control can occur in a number of situations, eg when development is undertaken without the required planning permission or where there is a failure to comply with planning conditions in any planning permission. LPAs have a responsibility to take enforcement action which is in the public interest. However, they have discretion to …

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Frustration – terminating rights in land

March 2021 | Land

An interesting article considers the extent to which frustration might apply to terminate property rights in land. The doctrine of frustration operates as a means by which a contract may be automatically discharged where an event occurs (without default of either party and for which the contract makes no sufficient provision) which either renders performance …

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