Related insights: Real Estate


Telecoms case update: EE Limited & Hutchison 3G UK Limited v Duncan & Others

19 Oct 2020
The Lands Tribunal for Scotland recently heard legal arguments in nine applications by EE Limited and Hutchison 3G UK Limited (“the operators”) under para 33 of the Electronic Communications Code (Schedule 3A to the Communications Act 2003) (“the Code”). The Tribunal has since issued its decision on the legal issues that were debated at the hearing (EE Limited & Hutchison 3G UK Limited v Duncan & Others). This is the first decision issued by either the Lands Tribunal for Scotland or the Upper Tribunal under paras 33 and 34 of the Code.

New permitted development rights (PDR) for housing

27 Aug 2020
Back in 2017 we saw the temporary permitted right to change from office use to residential use made permanent. In 2019 we saw more freedoms with further rights to change shops and other high street uses to offices and residential uses within limits and with prior approval of the local planning authority (LPA). Now major new permitted development rights (PDRs) are being brought forward.

How open is the open market? 1954 Act Valuation and the new Telecoms Code

25 Aug 2020
Since the Code was introduced in December 2017, professionals involved in the negotiation of new Code rights between landowners and operators have wrestled with how the Code and the 1954 Act interrelate. Their effective mutual exclusivity (confirmed both in the Code itself and in the subsequent decision of Ashloch) is by now well known, but until now there was no answer to this key question. The Deputy Chamber President's resulting judgment is interesting both as an illustration of a standard 1954 Act lease renewal, and in what it says about open market rentals in a new Code world.

Changes to CIL, S106 agreements and provision of affordable housing

24 Aug 2020
The Government's White Paper on its proposed changes to the planning system was released earlier this month to much excitement in the planning and development world, which it is reasonable to say, has had its fair share of #PlanningReformDay's over the decades since the introduction of the Town and County Planning Act 1947.

Planning for the Future: white paper consultations for reforming the planning system in England

17 Aug 2020
On 6 August the Government published its much-anticipated White Paper 'Planning for the Future'. For a white paper it contains a remarkable number of consultation proposals for a reworked planning system for England which looks ambitious, though fundamental aspects of the system remain. The consultation on the White Paper's proposals closes on 29 October 2020 and any proposals will require primary legislation.

The high street, town centres and planning reform in England - the Use Classes Order

14 Aug 2020
Major changes are afoot for those owning, occupying, funding or developing commercial and business premises. On 21 July 2020 the Government laid a statutory instrument which will make radical changes to how high street and business uses are categorised in planning terms. Changes come into effect on 1 September 2020 and will apply to England only. We have provided a summary table below on the sweeping changes but first we consider the key implications for those in the commercial property world.