Latest Insights

Keep up to date with Christopher Cant’s insights on property law, regulations, cases and precedents.

Latest Property & Land

  • Public open spaces and development
    The conflict between the need for open spaces for recreation and the availability of land for residential development has resulted in another interesting Court of Appeal decision in R (oao Peter Day) v Shropshire Council and others [2020] EWCA Civ 1751 which considered the careful and more wide ranging analysis of the subject by Mrs…
  • Cynical breaches of restrictive covenants and section 84 LPA applications
    Alexander Devine Children’s Cancer Trust v Housing Solutions Limited The Supreme Court has upheld the decision in the Court of Appeal that the application under section 84 LPA 1925 to modify the restrictive covenants should fail because the developer had deliberately breached the covenant. However, the judgment of Lord Burrows on behalf of all the…
  • Update: Recent Pitfalls with Overage
    The task of drafting overage provisions has always been onerous. One major concern is to create a regime which covers all eventualities bearing in mind that the overage period may span many years. Such concern is not exclusively for those subject to the overage burden but also applies to those entitled to the benefit of…

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Latest CIL

  • Section 73 permissions, planning conditions and planning obligations
    Four recent decision have not only decided important points regarding planning conditions, section 73 permissions and section 106 planning obligations but have also provided helpfully a more general consideration of the operation of these two statutory provisions which provided the building blocks leading to the decisions reached. This is significant not only in the context…
  • Phased planning permissions and CIL Liability Notices
    The recent decision of Swift J. in Oval Estates (St. Peters’) Limited v Bath & North EastSomerset Council [2020] EWHC 457 (Admin) contained an important consideration of the roleof applications for judicial review in the Community Infrastructure Levy (“CIL”) regime. The learned judge also considered in the context of CIL what constitutes a phased planning…
  • The role of judicial review applications in the CIL regime
    The recent decision of Swift J. in Oval Estates (St. Peters) Limited v Bath & North EastSomerset Council [2020] EWHC 457 (Admin) will have a significant impact on the manner inwhich a Community Infrastructure Levy (“CIL”) is challenged and the stance taken byauthorities in rebutting such challenges. Statutory procedure – the Community Infrastructure Levy Regulations…

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Latest ACV

  • Public houses and the ACV regime
    Attempts to list public houses as an asset of community value have always been one of the fiercest fought areas of the ACV regime. The staged lifting of the lockdown restrictions will bring public houses back into the public eye. The question as to whether individual public houses are financially viable in the future will…
  • Open spaces and the ACV regime
    Public houses have received great publicity in the context of the Assets of CommunityValue regime. With the changes in the Permitted Development Rights regime making it harderto redevelop a public house the number of contested nominations in relation to them is nowreducing. As a result other areas of ACV dispute have moved to the fore….

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