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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...
The Construction Industry Council (CIC) issues a standard consultant appointment: the Conditions of Contract for the Appointment of Consultants on Major Building Projects. This Practice Note reviews the 2011 second edition, which superseded the 2007 original, and confirms the CIC Conditions suit any discipline, with or without design responsibility, and are presented in two volumes. Volume 1 Volume 1 opens with a form of agreement capturing the parties’ details and a description of the consultant’s role and the project. It permits execution under hand or as a deed and organises the agreement into six parts. 1—Contract Details: Sections 1-1 to 1-14, completed in manuscript, set out project-specific particulars, including the site description, the client’s brief (also to be appended to the appointment), and other team members; any optional provisions from Part 6 intended to apply should be flagged here...
Environmental liabilities often emerge in property transactions. See Practice Notes: Environmental issues in property transactions—acting for a seller and Environmental issues in property transactions—acting for a buyer. This Practice Note highlights the principal environmental points practitioners should check during lease due diligence, including: land contamination liabilities asbestos in buildings Energy Performance Certificates (EPCs) and Minimum energy efficiency standards (MEES) Land contamination liabilities Contaminated land may trigger a range of liabilities; the headline types are outlined below. Regulatory action: planning obligations and development conditions; contaminated land regime, Part IIA of the Environmental Protection Act 1990 (EPA 1990); Environmental Damage Regulations—EDR (England) SI 2015/810 and EDR (Wales) SI 2009/995; anti-pollution works notices under sections 161–161D of the Water Resources Act 1991 (WRA 1991); environmental permit obligations, EPR 2016, SI 2016/1154. Third-party liabilities: private and public nuisance claims; negligent professional advice; personal injury claims. Contractual liabilities: lease disputes; agreement for lease disputes; licence to enter indemnity claims; remediation...
What is the requirement for a nuclear site licence? A nuclear site licence is mandated by the Nuclear Installations Act 1965 (NuIA 1965) for the use of any site to install or run: a nuclear reactor (excluding one forming part of a means of transport by land, water or air, such as a nuclear-powered submarine) a nuclear installation intended or modified to: produce or use atomic energy perform a process, capable of emitting ionising radiation, connected to the production or use of atomic energy store, treat or dispose of nuclear fuel, or bulk quantities of material irradiated by the production or use of nuclear fuel a nuclear installation specified by the Nuclear Installations Regulations 1971 (SI 1971/381), for example an installation intended or modified to carry out processes using enriched uranium and the production of isotopes and nuclear fuel elements The Energy Act 2023 (EnA 2023) amended section 1...
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...
Parties [ insert name of licensor ] [ of [ insert address ] OR company number [ insert company number ] whose registered office is at [ insert address ] ] (the Licensor) [ insert name of licensee ] [ of [ insert address ] OR company number [ insert company number ] whose registered office is at [ insert address ] ] (the Licensee) Background The Licensor is the registered [ freehold OR leasehold ] proprietor of the Property. The Licensee has shown an interest in [ acquiring OR leasing ] the Property. The Licensor will allow the Licensee and the Consultant to enter the Property to carry out investigations into ground conditions at, in, on, under or about the Property, subject to the terms of this Licence. ...