E:gen - February 2017

Modification of Restrictive Covenants – Hope for Developers

In 2011, the Lands Tribunal case of George Wimpey Bristol Ltd v Gloucestershire Housing Association Ltd [2011] UKUT 91 suggested that the courts were intent on taking a hard line against those seeking modification of restrictive covenants they were already breaching. The recent case of Millgate Developments Limited v Smith and Another [2016] UKUT 515, however, offers hope for developers challenged by such covenants.

“You shall complete your development”

A previous DCLG report titled "Completion Notices" stated a common reason for a local planning authority to use a completion notice (sometimes referred to as Development Completion Notices) was to improve the visual amenity for a site but were rarely used due to the lengthy timescales associated with the process. Is this about to change?

Car parking – avoiding the need to right a wrongly granted right

For many large scale developments in central London, car parking spaces (and more specifically rights to park in those spaces) are highly sought after. However, if not considered early in the planning process, car parking management can cause a number of difficulties.

Importance of agreeing contractual terms up-front

The recent case of Arcadis Consulting (UK) Ltd (formerly Hyder Consulting (UK) Ltd) v AMEC (BSC) Ltd (formerly C V Buchan Ltd) acts as a further reminder for contracting parties that if they wish to rely upon contractual terms, those terms must be ‘agreed’ by each of the parties.

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