Sun reflecting on RPC building.

Built Environment

Blog

From light industrial to residential – the new permitted development right

Published on 01 November 2017. By Caroline Bywater, Head of Planning

Abstract building

At a time when headlines and inboxes are filled with new comment, consultation and discussion on how to tackle England's housing crisis, a new permitted development right allowing a change of use from light industrial to residential has come into effect with very little fanfare. So what's new, and why have we not heard more about it?

Read more
Blog

Adjudication – mind the recovery gap

Published on 23 October 2017. By Rebecca May, Associate

Untinted 4

O'Farrell J recently severed an adjudicator's decision as she considered that the adjudicator did not have jurisdiction to award costs under the Late Payment of Commercial Debts (Interest) Act 1998 (Late Payment Act) in Enviroflow Management Ltd v Redhill Works (Nottingham) Ltd (2017) (unreported, 16 August 2017).

Read more
Blog

North Midland Building Limited v Cyden Homes Limited [2017] EWHC 2414 (TCC): Choose your extension of time provisions carefully

Published on 11 October 2017. By Jonathan Hutt, Partner and Sarah Newby, Trainee Solicitor

Untinted 5

North Midland Building Limited v Cyden Homes confirms the primacy of the parties' contract in determining an extension of time. Specifically, in North Midland the High Court held that an amendment made to the construction contract meant that, in a situation of concurrent delay, North Midland Building Ltd (the Contractor) was not entitled to an extension of time from Cyden Homes Ltd (the Employer) and that the prevention principle, had it arisen, would not take precedence over the expressly agreed terms of the contract.

Read more
Blog

Serial referrals and abandoned adjudications: will the court grant an injunction prohibiting adjudication proceedings?

Published on 09 October 2017. By Julia Edwards, Associate

Untinted 5

In Jacobs v Skanska, the TCC has recently held that starting a second adjudication on the same or similar issues is unreasonable but not oppressive and an injunction should not be granted. In the recent case of Jacobs UK Limited v Skanska Construction UK Ltd [2017] EWHC 2395 (TCC), Justice O'Farrell DBE clarified the courts will not restrain a party who opens and closes numerous adjudications for a tactical benefit but, the responding party may be granted a wasted costs order.

Read more
Blog

The Mayor of London's Affordable Housing SPG: 10 things you need to know (part 2)

Published on 30 August 2017. By Caroline Bywater, Head of Planning

Green tint 2

This supplementary planning guidance, issued this month, builds on the Mayor's long-term aim for half of all new homes in London to be affordable (as defined in the London Plan). More will no doubt be heard in the revised London Plan when that emerges, but in the meantime here are some headlines which we hope help you cut through the SPG.

Read more
Blog

The Mayor of London's Affordable Housing SPG: 10 things you need to know (part 1)

Published on 24 August 2017. By Caroline Bywater, Head of Planning

Green tint 1

This supplementary planning guidance, issued this month, builds on the Mayor's long-term aim for half of all new homes in London to be affordable (as defined in the London Plan). More will no doubt be heard in the revised London Plan when that emerges, but in the meantime here are some headlines which we hope help you cut through the SPG.

Read more
Blog

Contractors and Insurers beware - Contractor found to bear the risk of an incorrect standard as fitness for purpose prevails in the Supreme Court

Published on 03 August 2017. By Rebecca Taylor, Trainee solicitor

Abstract building

This morning the Supreme Court handed down its much anticipated judgment in MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited and another [2017] UKSC 59. The Judgment should be of concern to both contractors and their insurers.

Read more
Blog

Who has to sign a s106 agreement?

Published on 02 August 2017. By Caroline Bywater, Head of Planning

Gray tint 3

The question of who needs to sign a s106 agreement can be a bone of contention between applicants and local planning authorities. Opposing views can risk planning consents being held up, or third parties challenging consents for failure to properly secure essential mitigation. So who, then, should sign planning agreements?

Read more
Blog

Is it game over for ground rent?

Published on 01 August 2017. By Rhiannon Saunders, Senior Associate

Green tint 1

Considering the recent Government proposals to change the rules on ground rent and how those proposals may affect developers.

Read more
Blog

Advertisement consent – five rules for retailers

Published on 26 July 2017. By Caroline Bywater, Head of Planning

Green tint 2

A summary of advertisement control for retailers in England, including deemed consent provisions, applications, standard conditions and discontinuance orders.

Read more