Mixed use scheme meaning

Banking & Finance—June 2025 case round-up Waller-Edwards v One Savings Bank Plc [2025] UKSC 22 Undue influence—mixed non-commercial transactions—de minimis threshold—Etridge guidance In this appeal, the Supreme Court allowed the challenge unanimously, deciding that a creditor is placed on inquiry—that one party’s assent to the deal may have been procured through undue influence—whenever a non-commercial hybrid arrangement, on the face of it, features a more than de minimis (ie trivial) borrowing component that extinguishes the liabilities of only one co-borrower and so may not be to the other’s financial advantage. Joanne Wicks KC, barrister at Wilberforce Chambers, and Tricia Hemans, barrister at Falcon Chambers, consider the ruling’s implications in News Analysis: Supreme Court holds banks must follow the Etridge protocol where non-commercial hybrid transactions include a more than de minimis surety element (Waller-Edwards v One Savings Bank Plc). This reiterates the Etridge principle in the context of such arrangements, for banks and lenders...

In this issue: New Towns Planning policy When planning permission is needed Highways and rights of way Compulsory purchase Localism Obtaining, amending and implementing planning permission Nationally significant infrastructure projects Marine planning LexTalk®Planning: a Lexis®Nexis community Daily and weekly news alerts New and updated content Related Documents New Towns MHCLG publishes New Towns Taskforce report and initial response The Ministry of Housing, Communities and Local Government has released the New Towns Taskforce report together with its preliminary reply. The Taskforce—set up as an independent expert advisory panel in September 2024—pinpoints 12 candidate locations for new town projects across England and outlines proposed delivery routes. It advocates a blend of large-scale settlements, including urban extensions, urban regeneration schemes and standalone greenfield communities, with each new town providing at least 10,000 homes, of which no less than 40% would be affordable. In its opening response, MHCLG endorsed all 12 locations and the...

Marks and Spencer plc v Secretary of State for Levelling Up, Housing and Communities and others [2024] EWHC 452 (Admin) What did the court decide? This legal challenge by M&S concerned the Secretary of State’s refusal of permission to demolish its Oxford Street flagship and replace it with a new nine storey mixed office and retail scheme. M&S succeeded on five of the six grounds. The High Court found the decision unlawful because the Secretary of State misread the NPPF, treating it as if it imposed a strong presumption for re‑using the existing building when no such presumption exists. He also failed to give adequate reasons for departing from the inspector’s conclusions. The judgment also confirms that offsetting requirements in the London Plan relate to operational carbon, not embodied carbon. This case offers increased clarity for the planning system for everyone (whether one is pursuing a retrofit or a redevelopment) as it reinforces the importance of our plan‑based system. The effect of the judgment is that the application...

The Standard Conditions of Sale (Fifth Edition—2018 Revision) (SCS) comprise the core conditions underpinning most contracts for buying and selling residential property in England and Wales. Where a deal concerns commercial or mixed‑use premises, the Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are the better fit. First issued on 1 April 2011, the SCS appeared alongside the Law Society’s Conveyancing Protocol (the Protocol). When the Protocol is used for a given conveyancing matter, the parties must adopt the current SCS, and step 13 of the Protocol provides that special conditions should be added only where strictly required for that transaction. Protocol use is compulsory for solicitors accredited under the Conveyancing Quality Scheme. For more detail on the Protocol, see Practice Note: The Law Society’s Conveyancing Protocol. The 2018 update to the SCS took effect in March 2018. Condition 1—General Definition—‘clearing bank’ Condition 1.1.1(b) defines a ‘clearing bank’ as a bank accepted by the Bank of England as a direct participant in its CHAPS system...

Practice Note This Practice Note considers situations in which a landlord of a multi-occupied property (or its development partner) seeks to add an extra lettable storey on top of the building. A range of legal pitfalls could frustrate the scheme. This Practice Note does not tackle the common development hazards-for example, the requirement for planning permission and other consents, the risk of infringing easements (such as rights of light) or restrictive covenants benefitting neighbouring land (but note that in 2020 the government created new permitted development rights enabling two further storeys to be added to existing blocks of flats and allowing extra storeys on freestanding blocks or mixed-use terraces to create additional homes). Consider whether the proposed works would trespass on property already demised to one or more existing tenants. If the roof or the airspace your client intends to develop forms part of a tenant’s demise, any building activity by the landlord will constitute a trespass. You should interpret the lease provisions with care (applying the usual principles...

Introduction The Community Infrastructure Levy (CIL) is a tariff imposed on development proposals. Its statutory footing lies in Part 11 of the Planning Act 2008 (PA 2008), which enables the Secretary of State to make regulations providing for the imposition of CIL. That power was given effect through the Community Infrastructure Levy Regulations 2010 (the CIL Regulations), SI 2010/948. CIL applies in both England and Wales; however, this Practice Note explains how to calculate CIL in Wales, and in England where planning permission was granted before 1 September 2019, or where a liability notice, whenever issued, concerns such a permission. For guidance on calculating the amount of CIL due in England for permissions granted on or after 1 September 2019 (or a liability notice, whenever issued, relating to such a permission), see Practice Note: Community Infrastructure Levy (CIL)—calculating CIL in England. Context There is no single regulation within the CIL Regulations, SI 2010/948, that neatly specifies the situations in which CIL liability arises. Nevertheless, those circumstances can...