An Opportunity for Developers?
There is currently no guidance on what should be included in EIAs to comply with the new health criterion. As a result, it will be up to local authorities to develop the standard practice. These practices may differ between authorities. Consequently, it will be important for developers to discuss with their professional advisors the practices and priorities of the relevant local authority. There may be an opportunity here. EIAs, used strategically, might be tailored to the priorities of the local authority in order to reassure stakeholders that those priorities have been properly considered and addressed.
 Greater London Authority, Health Issues in Planning, Best Practice Guidance, 2007.
Disclaimer: While we do all that is possible in terms of ensuring its accuracy, this blog contains general information only. Nothing in these pages constitutes legal advice. You need to consult a suitably qualified lawyer from the firm on any specific legal problem or matter.
Other Property Development Articles
A stark reminder that any agreements relating to land ideally should be in writing and registered at the Land Registry immediately.
A restrictive covenant may be amended if it does not secure any practical benefit to the benefitting party. In this case, the financial effect of the restrictive covenant was the primary way in which benefit [...]
Court takes pragmatic approach in its first consideration of Practical Completion in construction contracts for 50 years.
The High Court has put climate change considerations firmly on the map by clearly stating that efforts to mitigate climate change, via optimal functioning of solar panels, are material considerations when it comes planning permission [...]
The background to this case provides sober reading for any landowners of vacant sites. In this instance, around 2000 tonnes of waste including food and medical waste was deposited on Newark’s vacant land without [...]
Anybody entrusted with selling property on the behalf of a lender can take comfort in the robust approach shown by the Court.
Barr Ellison acted in a successful application to modify a restrictive covenant for a developer which otherwise prevented their redevelopment of a site in Cambridge.
Restrictive covenants can be a headache for developers who have otherwise found the perfect piece of land on which to carry out their dream development.
It is always preferable for leases to contain express reservations to alter, build and erect scaffolding in favour of a landlord who might want to develop at some point in the future.
A Court of Appeal decision serves as a warning to developers of the dangers of proceeding with developments in breach of a restrictive covenant.
It is a strict requirement that a party needs to be in compliance with all conditions precedent before serving a notice to complete a property transaction.
Appellants would be well advised to take care when introducing new evidence to a planning appeal, ensuring that it is available in good time for public inspection, usually via the local authority’s website.
The Supreme Court held that the landlord’s intention to demolish or reconstruct must be independent of the tenant’s claim for a new tenancy and not conditional upon it.
Barr Ellison once again sponsored the Innovation of the Year category at this year’s Cambridge Property Awards.
A landmark case has clarified the scope of an action for nuisance based on the presence of Japanese knotweed.
Overage disputes: Court likely to strictly and literally interpret the provisions of an overage agreement between experienced developers.
In recent years, a subculture has developed that has caused property owners and property developers particular concern. Known as urban exploration or urbex ...
The Court of Appeal has found that a term to deal with planning permissions can be implied in a construction contract ...
Developers will welcome recent guidance on the modification of restrictive covenants …
Where planning permission is granted, reasons for the grant of such planning permission may be required to be given, even where there is no statutory duty to do so.
There is an emerging trend towards local authorities refusing planning even where they cannot demonstrate adequate housing supply ...
The Environmental Impact Assessment Directive updates the EU’s legislation on environmental impact assessments with a substantial refresh of the EIA Scheme.