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The Mayor and Commonality and Citizens of The City of London v 48th Street Holding Ltd and another company [2025] EWHC 1130 (KB) What was the background? The second defendant (‘POLL’) traded in devising rate mitigation schemes (the RMS) for empty premises for third parties. The first defendant, 48SHL, implemented one such arrangement and relied on it as a defence to a claim for non‑domestic rates. Under the arrangement, once relevant property fell vacant, section 45(1) of the Local Government Finance Act 1988 together with the Non‑Domestic Rating (Unoccupied Property) (England) Regulations 2008, SI 2008/386, regs 3 and 4a, operated to confer an exemption from liability for unoccupied rates for three months and, on the expiry of that three‑month period. To facilitate this, 48SHL granted POLL a lease of the premises and, at the same time, served a break notice bringing the lease to an end six weeks after the grant. This was done to demonstrate occupation by POLL for the scheme’s purposes...
In this issue: Key developments and horizon scanning Leasing property Property management Statutory compliance Investigating title Transferring property Additional property updates this week Daily and weekly news alerts Trackers Key developments and horizon scanning Further comment on general election manifestos The Royal Institution of Chartered Surveyors has issued commentary and analysis on the general election manifestos of multiple parties — Conservative, Liberal Democrat, Labour, Green and Reform — with particular attention to housing and planning. In parallel, the British Property Federation has published its take on the Labour Party’s manifesto, following earlier remarks on the Liberal Democrat and Conservative platforms. See: LNB News 18/06/2024 25, LNB News 14/06/2024 33 and LNB News 19/06/2024 14. Source: UK General Election 2024: What it means for housing, Land and Rural Manifesto overview, BPF comments on the Labour Party manifesto and Labour Manifesto - BPF Analysis. Leasing property Forfeiture—breach notification covenant The Tropical Zoo Ltd...
In this issue Key developments and horizon scanning Forfeiture Service charges Disputes and remedies Trespass and adverse possession LexTalk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts New and updated content Trackers Latest Q&As Key developments and horizon scanning The Leasehold and Freehold Reform Act 2024 secured Royal Assent on 24 May 2024, ahead of Parliament’s prorogation. The Department for Levelling Up, Housing and Communities confirmed this in a press release outlining the headline measures. See LNB News 28/05/2024 108. The Royal Institution of Chartered Surveyors has reacted to the passage of the LFRA 2024. RICS welcomes the Act for bringing greater certainty to leaseholders, landlords and the market, while noting lingering ambiguities and points of concern. See LNB 29/05/2024 75. Forfeiture A delay in returning rent did not amount to a waiver of the right to forfeit (The Tropical Zoo Ltd v The Mayor...
This Practice Note addresses the supplementary employment obligations specific to local government regarding the recruitment and removal of statutory post-holders, including the Joint Negotiating Committee (JNC) for Local Authority Chief Officers terms, green book provisions, occupation-specific conditions of service, and authorities’ rules on employment procedures. It sets out the varying rules that apply to different categories of officers. It further outlines the part played by leaders or elected mayors and the cabinet under executive arrangements, together with the Chief Executive, in these processes as applicable. Discussion of employment issues in local government fall into three areas: routine employment law issues, such as those concerning discrimination, fair or unfair dismissal (including redundancy), TUPE, etc contractual obligations, which necessitate consultation with national conditions of service except where local agreements have been made ...
Statutory duty to consider heritage impacts in determining planning applications Until 4 November 2024, the framework for heritage assets in Wales—including conservation areas and listed buildings—was contained in the Planning (Listed Buildings and Conservation Areas) Act 1990 (P(LBCA)A 1990). The Historic Environment (Wales) Act 2023 (HE(W)A 2023), which gained Royal Assent on 14 June 2023, consolidated and replaced legislation concerning Wales’s historic environment from 4 November 2024 onwards. Statutory duty in England Section 66 of the P(LBCA)A 1990 provides that, when determining whether to grant planning permission for development affecting a listed building or its setting, the local planning authority (LPA)—which, for these purposes, includes the Mayor of London where planning permission is granted by Mayoral development order—or the Secretary of State must give special regard to the desirability of preserving or enhancing the building or its setting, or any features of special architectural or historic interest it possesses. The courts have confirmed that this duty requires decision-makers to attach “considerable importance and weight” or a “high...
Planning responsibilities across the Greater London area are discharged by the following: the Mayor of London (the Mayor) the 32 London Boroughs the City of London Corporation two Mayoral Development Corporations for specific areas The government has issued guidance on the legislation and scrutiny of Mayoral Development Corporations operating within combined authorities and within combined county authorities. Powers under the Greater London Authority Act 1999 The Greater London Authority Act 1999 (GLAA 1999) established a Greater London Assembly for the Greater London Area, with the objective of promoting economic and social development in Greater London and improving the environment across the area. The GLAA 1999 further provides for a directly elected Mayor, empowered to undertake any of the authority’s important functions on its behalf, and who holds responsibility for strategic governance in London. The planning functions are set out in GLAA 1999, Pt VIII, as well as in subordinate legislation. These functions relate to: strategic planning...