Site conditions meaning

Planning conditions and planning obligations often limit both what development may take place and the way it is carried out on the land or buildings to which they apply. See Practice Notes: Planning conditions—key points and Planning obligations—key points. Planning obligations Agreements made under section 106 of the Town and Country Planning Act 1990 (commonly called section 106 agreements, or planning obligations) control the use of land and bind successors in title. They are recorded as local land charges. The agreement should specify the land it binds by reference to an attached plan, which will usually mirror the planning application site boundary for the related development. A section 106 agreement is typically concluded before the decision notice granting planning permission is issued. How are planning obligations revealed? Review the outcome of the local land charges search (LLC1). Planning obligations are registrable as local land charges. From 12 April 2015, HM Land Registry has responsibility for the local land charges register. Transitional provisions permit HM Land Registry...

This checklist is intended for landowners, including farmers and local authorities, who are considering a solar farm project. Levels of irradiance Is the site located in a part of the UK with strong irradiation? The South West, the South, South Wales and East Anglia are most favourable. The Midlands and the North can also host solar farms, though with reduced irradiance. North Scotland is the least suitable. Grid connection Is there an electricity substation close enough to enable grid connection? Engage the distribution network operator at the earliest opportunity to obtain a quote. Suitable land What is the overall site area? As a rule of thumb, at least ten hectares is required. Could nearby environmental, geographic or geological conditions influence the solar array? If possible, obtain aerial photographs. Is the site inside or next to a designated landscape, such as an Area of Outstanding Natural Beauty or a National Park? Is the land level? Is the ground rocky?......

This checklist reviews the employment law considerations that arise when carrying out a business reorganisation. It addresses initial planning points, whether a redundancy situation exists, ‘some other substantial reason’ (SOSR), how the employer may resist claims about dismissals, whether collective consultation duties are engaged, changes to contractual terms and conditions, and if a TUPE transfer applies. It proceeds on the basis that there is a restructure but the undertaking continues to operate at the same site and, therefore, no ‘place of work’ redundancy arises. For broader guidance, see Business reorganisations—overview and Practice Note: Implementing a business reorganisation—employment issues. Initial considerations Assess the composition of the project team and safeguard project documentation to: preserve confidentiality and for consultation purposes (eg label all proposals as ‘subject to consultation’). See Practice Note: Implementing a business reorganisation—employment issues: Initial considerations limit circulation, where required, to protect legal advice privilege Consider whether non-disclosure agreements are required and, if so,...

On Tower UK Ltd v British Telecommunications Plc [2025] EWCA Civ 844 What are the practical implications of this case? Landlords and site providers will need to ensure that an agreement’s term has been, or will be, brought to an end in accordance with its contractual terms before serving paragraph 31 notices under the Electronic Communications Code, in Schedule 3A to the Communications Act 2003 (CA 2003) (Code), where those notices are intended to take effect after the contractual term has ended. The decision leaves open whether a landlord or site provider must wait for a break notice to expire, and demonstrate satisfaction of any break pre-conditions, before a paragraph 31 notice can then be issued; or whether it is adequate simply to serve the break notice and then—perhaps the following day—a paragraph 31 notice (or even to place both mechanisms within a single document). If that latter course is available, there remains the question of what the position would be if one or more break pre-conditions ultimately cannot...

In this issue: Leasing property Property development Residential property Key developments and horizon scanning LexTalk®Property: a Lexis®Nexis community Additional property updates this week Daily and weekly news alerts Trackers Leasing property Code—terms of renewal lease In EE Ltd v AP Wireless II (UK) Ltd [2024] UKUT 216 (LC), the Upper Tribunal (Lands Chamber) fixed the terms of a replacement lease for a telecommunications site under the Electronic Communications Code. The earlier lease had ended and the claimants sought new Code rights from the present landlord. Two issues were in dispute: (1) the conditions allowing the landlord to bring the new lease to an end for redevelopment, and (2) the level of rent or consideration payable. The parties’ valuers advanced divergent figures—£1,000 per annum for the claimants and £2,850 per annum for the respondent. The Tribunal found for the respondent on the break right, permitting termination for redevelopment, including telecoms redevelopment, but only after the fifth...

Haytop Country Park Ltd v Amber Valley Borough Council [2025] EWCA Civ 1442 What are the practical implications of this case? The ruling underlines that site licensing is to be undertaken on the basis that it dovetails with the planning system. Licence conditions cannot expand, override, or undermine the limits of extant planning permissions, nor the results of planning enforcement; together, these create the ‘planning baseline’ which the licensing authority is both entitled and obliged to factor in. Where an enforcement notice has conclusively found that operational works (for example, hardstandings or terraces) are unlawful and must be taken up, a site licence ought not to sanction plots reliant upon, or effectively reinstating, those works. An operator wishing to move away from the planning baseline must pursue a new application under the Town and Country Planning Act 1990 (TCPA 1990), rather than seeking to rely on licence conditions. Class B rights under the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596 only arise where...

National policy 25-Year Environment Plan —the 25-Year Environment Plan outlines the government’s commitments to enhance the environment within a generation. The Environmental Improvement Plan 2023 (EIP 2023) for England was the first statutory update to the 25-Year Environment Plan under the Environment Act 2021 (EA 2021). On 1 December 2025, it was replaced by the Environmental Improvement Plan 2025 (EIP 2025), now the current environmental improvement plan for EA 2021 purposes. EIP 2025 renews the long-term framework for achieving environmental outcomes, revises the interim targets in EIP 2023 and adds two new interim targets. EIP 2025 is pertinent to waste planning as part of the broader policy to improve resource efficiency and drive the move to a more circular economy, complementing the Resources and Waste Strategy and the Waste Management Plan for England (see below). Resources and Waste Strategy The Resources and Waste Strategy sets out how the government intends to conserve material resources by cutting waste, promoting resource efficiency and moving towards a circular economy in...

Consent or agreement To discharge liquid effluent from trade or industrial premises, a consent, or an agreement, must be in place with a local water and sewerage undertaker for release into: a public sewer a private sewer that subsequently connects to a public sewer For information on water companies and water supply/sewerage licensees, see: Ofwat: Licences and licensees. To seek trade effluent consent, a Trade Effluent Notice must be submitted to the sewerage undertaker. Where an application is unsuccessful, the water company will set out the reasons for refusal in writing. There is a right of appeal to Ofwat under section 122 of the Water Industry Act 1991 (WIA 1991). In particular circumstances, the Environment Agency (or Natural Resources Wales in Wales) may impose additional conditions on a consent, due to the substances present in the discharge or the processes that give rise to it. Agricultural holdings, horticulture business, fish farms, and premises used for scientific or experimental purposes are...

What is an intrusive site investigation? An intrusive (phase 2) site investigation involves geotechnical and geo-environmental specialists collecting detailed and reliable information on a site’s physical and chemical ground conditions. These findings are then applied to: the design of earthworks and foundations, and determining whether contamination is present The UK follows a risk-based framework for the identification, assessment and management of contaminated land, based on the idea of a contaminant linkage (once called a pollutant linkage), ie contaminant-pathway-receptor. For further information, see Practice Note: Contaminated land—risk assessment. Site characterisation is generally carried out in a clear staged manner: screening phase: an initial investigation consisting of a desk study phase 1: a site walkover and qualitative risk assessment phase 2: intrusive site investigations involving the analysis of soil, groundwater and/or gas samples and a quantitative risk assessment For further information on desktop studies and phase 1 assessments, see Practice Note: Environmental investigations—types of searches...

The Contract comprises the completed Standard Building Contract Without Quantities for use in Scotland 2016 published by the SBCC subject to the following amendments: Recitals and Articles updated: contractor to provide a master programme and Schedule of Information Requirements; CDP responsibility accepted; Principal Contractor duties priced; arbitration deleted; Schedule of Amendments prevails; Third Party Agreements duties. Contract Particulars: arbitration entries removed; Rectification Period set at 12 months; fluctuations and certain PII/guarantee entries deleted. Conditions: key definitions revised (Practical Completion, Copyright Material, Design sub‑contractors, Funder, Site); Scottish jurisdiction; approvals mean principles only; entire agreement; variations in writing. Design/materials/programming: contractor accepts ER/CP; quality and non‑deleterious materials; programme reporting; site risk; drawings/info supply; tighter discrepancy notices. Time/defects: mitigate and advise on delay; narrower Relevant Events; Practical Completion clarified; stronger rectification, consequential damage and indemnity; phased as‑built/occupation information. IP/confidentiality/BIM: broader licence, moral rights waivers and delivery; confidentiality reinforced; BIM where adopted. Management/sub‑contracting: access, approved Site Manager, meetings; prescribed sub‑contracts; collateral warranties/third‑party rights; CDM duties; insurance...

1 Definitions Completion – denotes the Date of Entry or, if later, the day the Price is paid and the purchase of the Property [ and Business ] is finalised under the Missives; Business – denotes the [ insert number ] [ star, ] [ , hotel ] [ , restaurant ] [ , café ] [ , bar ] [ , public house ] enterprise conducted by the Seller at the Property, providing [ [ describe accommodation type eg rooms, apartment or hotel ] ] [ , the sale of food and beverage ] [ , weddings ] [ , conference centre ] [ , leisure centre ] [ , spa ] [ , golf course ] [ , hairdresser ] [ , on-site staff accommodation ] together with all other activities, including those ancillary, incidental to, or connected with such business; Conclusion Date – means, unless stated otherwise, the first date on which the Missives bring about a concluded contract; Date of...

The Contract consists of the finalised Design and Build Contract 2024 Edition published by JCT subject to these amendments: RECITALS Third Recital Third Recital Delete and insert: 'The Contractor has: (a) reviewed the Site and confirmed he is satisfied about its measurements, position and other pertinent matters (b) considered the Employer’s Requirements and is content that the Contractor’s Proposals and Contract Sum Analysis will satisfy the Employer’s Requirements, and (c) undertaken to accept responsibility for the whole design contained in the Employer’s Requirements and the Contractor’s Proposals.' ARTICLES Article 1 Article 1 After 'shall' insert 'carry out and' Articles 6 and 7 [ See drafting note ] Article 9 Article 9 Delete Article 9 and insert: 'Not used.' Article 11 Insert new Article 11 as follows: 'Article 11 [ To be added on the face of the contract ] The Employer and the Contractor agree that the modifications in the Schedule of Amendments attached hereto (as initialled by...

Under the Capital Funding Guide issued by Homes England, where a development lies within a designated protected area (DPA) and benefits from grant, the registered provider (RP) granting a shared ownership lease must include one of two provisions: limit staircasing to a maximum of 80%; or if staircasing beyond 80% is permitted, require the leaseholder to sell their share back to the landlord (or a nominee that is also an RP) at market value when they wish to sell. In certain cases, a local authority can seek a waiver of these conditions from Homes England where the supply of shared ownership homes is no longer constrained. Notwithstanding guidance suggesting one of the above clauses is mandatory for every shared ownership lease in a DPA, our understanding is that the applicable regulations do not impose this where the site has not received grant. For more detail, see: Practice Note: Entitlements under shared ownership leases Housing (Shared Ownership Leases)...