16 April 2012
The contaminated land regime contained within Part IIA of the Environmental Protection Act 1990 will be familiar to many in-house lawyers across a wide range of businesses with operations which may have an impact upon land they occupy in the UK. Long-awaited changes to the regime have now been put forward to both Westminster and the National Assembly for Wales, and these changes are likely to generate renewed activity by the regulators.
28 March 2012
The NPPF was first published in draft in July 2011 for consultation, and the purpose of this briefing is to set out the key changes that have been made to the final version, and to consider what the much scrutinised wording will actually mean to those navigating the planning system.
21 March 2012
Welcome to our latest issue of Planning Law. In this issue: Village Greens - the controversy continues; Reasons in planning permissions; Fairness in Government consultations; Changes on the horizon for listed building consent; When is prosecution for breach of enforcement notice an abuse of process? An update on implementation of the Localism Act 2011; and much much more.
16 December 2011
A review of the most significant property cases in the last 12 months.
02 December 2011
In this year’s Budget, the Chancellor announced that the Treasury would consult on making various changes to the REIT rules. The overall aim is to increase the number of REITs and also expand the exposure of REITs to the residential property market.
17 November 2011
The Localism Act 2011 will devolve greater powers to councils and neighbourhoods and give local communities more control over housing and planning decisions.
20 September 2011
Welcome to the latest issue of Planning Law. In this issue - changes with the National Planning Policy Framework (NPPF), new Environmental Impact Assessment (EIA) regulations, Community Infrastructure Levy update and much more.
30 June 2011
An estimated 200,000 kilometres of private sewers and private lateral drains will, from 1 October this year, transfer “overnight” from private ownership to that of statutory sewerage and water companies. This briefing is relevant to developers who should be aware of how these proposals affect them at different stages of the development process along with the changes on mandatory build standards (expected later in the year).
30 June 2011
An estimated 200,000 kilometres of private sewers and private lateral drains will, from 1 October this year, transfer “overnight” from private ownership to that of statutory sewerage and water companies. This briefing is relevant to landowners who may in certain circumstances wish to appeal against the proposals. The timescales for appealing however are very short and landowners will need to be alert to the issues and act swiftly if they think an appeal is necessary.
18 April 2011
Our latest issue of Planning Law, in which we aim to keep you informed of current issues and news in planning and land use.
21 January 2011
In December 2010 DEFRA published its long awaited proposals for amendments to the Contaminated Land Regime in England and Wales under Part 2A Environmental Protection Act (CLR). The consultation has followed a series of informal discussions with over 150 stakeholders, which according to Government has revealed a widespread view within the sector that the statutory guidance which underpins the regime needed to be updated.
20 December 2010
Read our review of the last 12 months' most significant real estate cases.
15 November 2010
Latest guidance on land agreements and competition law.
11 November 2010
Welcome to Top Storey, our commercial property update, where we aim to keep you informed of developments relevant to you and your business.
11 November 2010
The High Court in the very recent case of Cala Homes (South) Limited v Secretary of State for Communities and Local Government and Winchester City Council has ruled that the Secretary of State Eric Pickles' decision to abolish the Regional Strategies (what were previously the Regional Spatial Strategies) in July 2010 was unlawful.
21 October 2010
The result of the Government's Comprehensive Spending Review was revealed yesterday. This briefing is our summary of the main points.
14 October 2010
A cautionary tale for developers is explained in our briefing on the case of HKRUK II (CHC) v Heaney.
14 October 2010
Proposals have been published for public consultation on changes to the financial reporting of lease contracts. These may well influence occupiers decisions as to the length of leases and the acquisition or disposal of real estate. They are likely to come into force in 2013.
To find out more and for a link to the Consultation should you wish to comment, please read on.
14 October 2010
Comments made by members of the coalition government at both the lib-dem and conservative party conferences indicate that tax increment financing may well become a reality – although primary legislation could be required so implementation may be some way off.
14 October 2010
Is provided by the case of Ibrend Estates v NYK Logistics.
And on the same subject, it is believed that the Cabinet Office has extended until 2015 the ban on any new lettings to central government departments and the instruction that all break clauses in government leases are to be exercised unless a dispensation is granted.
03 September 2010
Our briefing note on the CRC for the property sector will assist those companies who have not already completed a CRC registration, or considered if this is necessary. It sets out the key steps that must be carried out to ensure CRC compliance, highlights important CRC considerations and explains how we could help.
27 August 2010
This briefing looks at the recent Court of Appeal judgment in Lambert v Barratt Homes on legal liability for flooding.
28 July 2010
The exercise of break clauses has always been fertile ground for litigation, particularly at times when re-letting is likely to be difficult and tenants are keen to dispose of surplus premises. This briefing looks at recent cases.
28 July 2010
Recent publications by Government departments give some idea of the direction and strategy of the Coalition Government relating to real estate. This briefing looks at Planning and Development and Natural Environment.
07 July 2010
As widely expected, the Coalition Government has announced that they are to abolish the Infrastructure Planning Commission (IPC), set-up by the previous Government last year. So what now for the rail industry?
23 June 2010
The Insolvency Service has issued a consultation paper on reforming the rules for pre-packaged administrations, which is open for comments until 24 June. Landlords may wish to respond to the consultation in the light of their experience.
11 June 2010
The Flood and Water Management Act 2010 will have significant implications for landowners, developers, the water industry, local government, the Environment Agency and the wider business community.
05 May 2010
Welcome to the latest issue of our commercial property newsletter.
05 May 2010
Community Land Trust used to develop affordable housing for local people with insufficient income to buy on the open market.
28 April 2010
The recent decision of the European Court of Justice in the Muller case provides useful guidance for developers and local authorities alike on when a development amounts to a “public works contract” for the purposes of the requirement to tender under EU procurement rules.
13 April 2010
Businesses should now review their anti-corruption procedures to ensure protection against a new corporate offence introduced by the Act.
07 April 2010
The Equality Act has now become law and key provisions for landlords and property managers are expected to come into force in October 2010.
25 February 2010
Since the introduction of the Landlord and Tenant (Covenants) Act 1995 (the Act) it has been unclear whether a guarantee of the tenant’s obligations in the lease can be made to extend to any Authorised Guarantee Agreement (AGA) entered by the tenant.
11 February 2010
Details of the partners attending MIPIM 2010.
11 December 2009
Read our review of the last 12 months' most significant property cases.
10 December 2009
A five year planning saga in relation to an aggregates proposal in Hampshire has recently concluded with the grant of permission. The result contains some interesting points for minerals developers.
09 December 2009
Quarterly newsletter from our Construction and Engineering Group. This issue looks at the new planning regime which should help bring major projects to delivery phase faster, and the new construction act which should rectify a number of anomalies with the current legislation. Also covered are self-employment, blacklisting and appeals.
07 December 2009
Welcome to the latest issue of Planning Law, our bulletin in which we aim to keep you informed of current issues and news in planning.
23 November 2009
Read our latest briefing on how the current financial climate and the current law relating to business property rates relief has created a welcome opportunity for charities seeking to lease commercial property at discounted rents.
19 November 2009
Read more about Defra's Flood and Water Management Bill which was included in the Queen's Speech despite strong criticism of the draft Bill by those that responded to the consultation.
17 September 2009
The risk of defaulting tenants is a real concern for landlords and their lenders. We have identified some key points that, as a landlord, we think you should consider.
28 August 2009
In this Rail Briefing we look at the draft Freight Facility (Ports and Terminals) General Approval and its likely impact if introduced.
07 August 2009
The forthcoming introduction of the carbon reduction commitment (CRC) will have a substantial impact on property owners, occupiers, funders, developers and investors.
Learn more about the practical implications of CRC and how it will affect properties and businesses.
06 August 2009
A guide to Tax Increment Financing exploring the advantages and disadvantages that it offers.
21 July 2009
This briefing looks at the complex area of law which deals with how freight operators can achieve access to ports and terminals.
17 July 2009
This briefing explains what the proposals in the draft Flood and Water Management Bill might mean for developers. The proposal will end the automatic right for surface water from new developments to connect into the sewerage system. The intention is to promote the use of sustainable drainage systems 'SUDS'.
01 July 2009
Landowners could be missing an opportunity. Don't lose out to Telecoms Operators as Network Consolidation continues.
24 June 2009
The Carbon Reduction Commitment is a mandatory emissions trading scheme that is being introduced for both public and private sector organisations from April 2010.
24 March 2009
These slides accompany the Responding to the downturn webinar.
02 March 2009
Stamp Duty Land Tax is now five years old. This brings into play some of the lesser known SDLT provisions which may result in additional SDLT becoming payable now on existing Leases.
21 January 2009
This briefing identifies and explores some of the key issues concerning real estate investment and development in India today.
01 December 2008
Briefing discussing the enfranchisement issues around Prospect Estates Ltd v Grosvenor Estates Ltd
01 December 2008
Issues arising from the reduction of VAT to 15% and the impact upon Landlord and Tenant.
21 September 2008
This edition of Top Storey covers a number of topics relevant to commercial property, including Energy Performance Certificates and sustainable development.
02 September 2008
Along with our US better friend law firm Thompson Hine, we will be publishing a series of briefing notes on real estate issues in a number of foreign jurisdictions over the coming year. This bulletin deals with China. Subsequent bulletins will cover real estate issues in Cuba, India, United Arab Emirates, Mexico, Brazil, Russia, Montenegro, Italy, Vietnam and Off shore tax havens. If you would like more information about our international strategy or our international real estate capability please contact richard.read@burges-salmon.com or beatrice.puoti-ffiske@burges-salmon.com.
03 March 2008
A look ahead to tougher financial times in the Commercial Property market.
01 January 2008
This briefing discusses the Planning Bill 2007, which was introduced into Parliament at the end of November 2007.
03 December 2007
In this edition you will find information on a number of topics including Green Leases, Planning Law Reform and CGT changes.
03 December 2007
This special edition of Top Storey covers the issue of Green Leases.