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In this issue: Key developments and horizon scanning Residential property Property management Property development Transferring property Property taxes Property in Scotland Additional property updates this week Daily and weekly news alerts Trackers New Q&As Key developments and horizon scanning Law Society responds to Leasehold and Freehold Reform Bill amendments The Law Society has signalled its backing for newly tabled changes to the Leasehold and Freehold Reform Bill (which had its second reading on 27 March 2024—see the Trackers section below). The revisions would curb the sale of new leasehold houses and ensure every new home in England and Wales is freehold from day one, save in exceptional cases. Nonetheless, Law Society President, Nick Emmerson, noted that, without current moves to advance commonhold tenure, the Society supports the Law Commission’s 2011 recommendations to modernise freehold law, enabling houses on managed estates to be sold as freehold with greater ease, and he urged government...
In this issue: Key developments and materials Air emissions and climate change Energy efficiency and buildings Energy efficiency of products Energy for environmental lawyers Environmental disputes and proceedings ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste Water, flooding and drainage Daily and weekly news alerts New and updated content Trackers Useful information Key developments and materials Northern Ireland’s first Environmental Improvement Plan On 27 September 2024, the Department of Agriculture, Environment and Rural Affairs (DAERA) unveiled Northern Ireland’s (NI) inaugural Environment Improvement Plan (EIP). Brendan Martyn, Director, and Caitlin McPeake, Solicitor, at Cleaver Fulton Rankin, share their views on the EIP. See News Analysis: Northern Ireland’s first Environmental Improvement Plan. UK Industrial Strategy Green Paper and Legal Services Invest 2035, the government’s industrial strategy green paper, was introduced at the International Investment Summit on 14 October 2024. A finalised...
Titchfield Festival Theatre Ltd v Secretary of State for Housing, Communities and Local Government and another [2026] EWCA Civ 368 What was the background? Titchfield ran a theatre across three linked units (Areas A, B and C). In 2023, Fareham Borough Council, as local planning authority, served an enforcement notice alleging an unauthorised material change of use to theatre use in Areas B and C, and associated engineering works. The notice required cessation of use and reinstatement works. Titchfield appealed under TCPA 1990, s 174. During the appeal it was agreed that, before the breach, Areas A and B had lawful theatre use, while Area C had lawful storage use. Titchfield’s case relied in part on a fallback under TCPA 1990, s 57(4), contending it was entitled to revert to those former uses and that steps required by the enforcement notice, on a ground (f) appeal, should not cut across those use rights. TCPA 1990, s 57(4) states that where an enforcement notice has been issued in respect...
This tracker tool tracks and summarises key new legislation and consultations in England and Wales linked to contamination, pollution and environmental permitting. In England and Wales, the following regimes govern contamination, pollution and environmental permitting: Contaminated land regime under Part IIA of the Environmental Protection Act 1990 (EPA 1990): addresses land contamination that is causing, or where there is a significant possibility of causing, significant harm to human health (including property), living organisms, interference with ecological systems, or impacts on controlled waters. The Environmental Damage (Prevention and Remediation) (England) Regulations 2015, SI 2015/810, and the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009, SI 2009/995 (EDR): apply to environmental damage, defined as damage to: a protected species or natural habitat that has a significant adverse effect on achieving or maintaining the favourable conservation status of that species or habitat a site of special scientific interest (SSSI) where the integrity of the site is adversely affected surface water...
The EDR is given effect in England and Wales by the Environmental Damage (Prevention and Remediation) (England) Regulations 2015, SI 2015/810, together with the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009, SI 2009/995. Under the EDR, operators whose activities are responsible for serious environmental incidents must take steps to prevent harm and to remedy any resulting damage. See Practice Notes: Environmental damage regulations—overview Environmental damage—when does the environmental damage regime apply? Environmental damage—potential liabilities Environmental damage—operators’ obligations, enforcement, offences and appeals The environmental damage regulations implement the requirements of the Environmental Liability Directive 2004/35/EC. See Practice Note: EU Environmental Liability Directive—snapshot. Environmental damage includes damage to: land marine waters protected species or natural habitats sites of special scientific interest (SSSI) surface water or groundwater Environmental damage to land Environmental damage to land means contamination of land by substances, preparations, organisms or micro-organisms which results in a 'significant risk...
Offences against heritage property Heritage crime encompasses any offence that reduces the significance of heritage assets and their settings, undermining their value for current and future generations. Heritage assets include: ancient monuments listed buildings buildings in conservation areas designated cemeteries conservation areas registered parks and gardens registered battlefields protected military remains of aircraft and vessels of historic interest undesignated but acknowledged buildings and sites of heritage significance Examples of prosecutable heritage crime theft of metals such as lead and copper from churches and other historic buildings architectural theft (see Theft) illegal metal detecting involving trespass on private land unlawful alterations to, and damage of, listed buildings criminal damage to monuments (see Criminal damage) arson (see Arson) graffiti (see Criminal damage) substance abuse and other forms of anti-social behaviour Theft of metal from historic sites and illegal metal detecting Metal theft at...
This Precedent is kept solely for reference and is no longer updated. Precedent farm business tenancy agreements can be found here: Farm Business Tenancy Agreement—term of not more than two years and here: Farm Business Tenancy. LR1. Date of the lease [ date ] LR2. Title Number(s) LR2.1 Landlord's title number(s) [ title numbers from which this lease is granted. If not registered, leave blank ] LR2.2 Other title numbers [ existing title number(s) against which entries of matters referred to in LR9, LR10, LR11 and LR13 are to be entered ] LR3. Parties to this lease Landlord [ name of Landlord ] [ of OR incorporated in England and Wales with company registration number [ number ] whose registered office is at ] [ address ] Tenant [ name of Tenant ] [ of OR incorporated in England and Wales with company registration number [ number ] whose registered office is at ] [ address ] ...