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The "exclusivity principle" in a planning context
  • Herbert Smith Freehills LLP
  • United Kingdom
  • January 27 2011

The Court of Appeal has held that the service of a breach of planning condition notice is a "purely public" act, so the correct way of challenging such a notice is by way of judicial review proceedings

Restrictive covenants: can a local authority enforce a covenant preventing development for which it has granted planning permission?
  • Gowling WLG
  • United Kingdom
  • April 25 2008

A transfer of land in 2000 between Easington District Council and a private individual contained a covenant not to use the property other than as a coach depot and associated bungalow for residential use

NPPF Paragraph 49: clarity at last
  • 39 Essex Chambers
  • United Kingdom
  • April 19 2016

On 17 March 2016 the Court of Appeal gave judgment in the linked appeals Suffolk District Council v Hopkins Homes Ltd & SSCLG and Richborough Estates

Highway to hell - what happens if a local authority search is incorrect?
  • Charles Russell Speechlys LLP
  • United Kingdom
  • October 29 2015

In a recent case (Chesterton Commercial (Oxon) Ltd v Oxfordshire County Council 2015 EWHC 2020 (Ch)) the High Court held that a local authority was

Town and Village Greens Update October 2016
  • Reed Smith LLP
  • United Kingdom
  • October 13 2016

Since we last posted on common land and town and village greens, there have been new cases. Given the impact common land can have on developments

Court of Appeal confirms 'Murfitt' principle
  • Ashfords LLP
  • United Kingdom
  • September 15 2016

The key issue considered in this case was the circumstances in which a local authority may issue a planning enforcement notice in respect of an

Intentionality in Homeless Applications and Income
  • Ashfords LLP
  • United Kingdom
  • December 16 2015

The extent to which an individual's financial standing can impact upon whether a homeless applicant is "intentionally homeless" is an issue which

A summary of major developments in key areas - General Counsel update - May 2014
  • Herbert Smith Freehills LLP
  • Australia, European Union, Germany, United Kingdom
  • May 23 2014

Scottish independence referendum - The referendum will take place on 18 September 2014. Scottish independence raises many complex legal and political

White v South Derbyshire District Council 2012 All ER (D) 91 (Nov)
  • Eversheds
  • United Kingdom
  • November 28 2012

The appellants in this case owned land that was being used by them as a caravan site within the ambit and application of the Caravan Sites and Control of Development Act 1960

A hostel environment
  • Anthony Gold Solicitors
  • United Kingdom
  • October 5 2012

In the case of Birmingham Council v Ali; Moran v Manchester Council, Lady Hale sensibly observed that accommodation which may be unreasonable for a person to occupy for a long period may be reasonable for them to occupy for a short period