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Lennox Paton | Bahamas | 3 Dec 2020

New legislation aims to promote proper use of environment

In December 2019 Parliament passed a package of environmental bills geared towards developing, reinforcing and strengthening the laws which promote and support the management, protection, enhancement and proper use of the Bahamian environment. This article provides an overview of the Environmental Planning and Protection Act and the Environmental Impact Assessment Regulations.
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Ogier | Jersey | 28 May 2020

COVID-19: implications for planning appeals

The Law Society of Jersey issued guidance regarding the courts' COVID-19 contingency plans, noting that planning appeal hearings have been suspended due to independent inspectors being unable to travel to the island. New appeals will continue to be processed without the final hearing dates being fixed at this stage. Therefore, parties that wish to appeal a planning decision must meet the......
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Ogier | Jersey | 27 Jun 2019

Jersey planning appeals: your questions answered

Anyone that has been refused planning or building permission or disagrees with a condition that has been attached to a planning or building permission or anyone that owns or occupies a building or land where a building, place or tree has been listed can appeal against a planning decision. However, Jersey planning appeals raise numerous questions regarding costs and the appeal process.
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Pestalozzi Attorneys at Law | Switzerland | 22 Feb 2019

Swiss voters reject plan to freeze building zones

Swiss voters recently rejected an initiative that aimed to stop urban sprawl by freezing the overall size of building zones andstrictly limiting exceptions that allow building activities outside building zones. While supporters of the initiative considered the current legal regime to be insufficient, opponents argued that the proposed initiative was overly strict, unable to accommodate......
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Pestalozzi Attorneys at Law | Switzerland | 27 Apr 2018

Levy on added value of land resulting from planning measures

Swiss legislation provides for adequate compensation for considerable advantages and disadvantages resulting from spatial planning measures. In particular, land that is newly allocated to a building zone substantially increases in value. Owners of such land will benefit from spatial planning activities without any contribution on their part. For reasons of fairness, these benefits are subject......
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Pestalozzi Attorneys at Law | Switzerland | 24 Nov 2017

Legislative developments in land-use planning

The proposed second part of the Spatial Planning Act revision will give the cantons more flexibility with regard to construction activities outside building zones so that they can consider their individual needs more appropriately. An initiative to stop uncontrolled urban sprawl will oblige the federation, cantons and communities to freeze the present size of building zones and ensure that......
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Pillsbury | USA | 10 Nov 2017

Fourth Circuit affirms dismissal of constitutional challenges to zoning ordinance changes

The Court of Appeals recently affirmed a lower court's decision to dismiss a plaintiff's complaint that an amendment to Rockville's 'light industrial' municipal zoning ordinance was unconstitutional as it violated the due process and equal protection guarantees of the 14th Amendment to the Constitution. The ordinance made it impossible for Siena Corporation to build on its property a large......
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RPC | United Kingdom | 28 Feb 2017

Guidance on the "cardinal rule" for implying terms

In a recent case the Court of Appeal held that a term could not be implied into an agreement because, although it was linguistically consistent, it was substantively inconsistent with the express terms. In doing so, the court shed further light on the application of the "cardinal rule" that an implied term must not contradict any of the express terms of the contract.
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Plesner Advokatpartnerselskab | Denmark | 24 Jun 2016

New legislative package on planning agreed

The government recently concluded a new legislative package on planning. The agreement includes development opportunities in coastal areas and development opportunities in rural areas. The rules on planning in coastal areas address natural protection concerns and aim to keep the Danish coastline free from building development. However, the agreement has been criticised for its failure to......
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