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Legal update

Habitats Directive: what mitigation can be taken into account?

The European court confirmed that mitigation cannot be taken into account when screening a project under the Habitats Regulations. It has also clarified between mitigatory and compensatory measures.

04 September 2018

Legal update

NPPF 2018: how does the published Framework differ from the draft?

The government published the revised National Planning Policy Framework on 24 July 2018. Here we highlight key changes made since the draft was consulted upon in the spring.

Legal update

NPPF 2018: a new approach to viability

Updated planning practice guidance on viability published on 24 July is a significant shift from the previous guidance. We highlight the key points for local authorities, developers and landowners.

Legal update

Garden cities: development corporations to be locally led

Local authorities have been granted oversight authority status for new town development corporations. Regulations came into force on 24 July 2018. Here are the headlines.

Legal update

Permitted development rights: change of use of agricultural buildings to residential

Permitted development rights allowing the change of use of agricultural buildings to residential have been expanded to allow up to five homes.

Legal update

Highway maintenance and obstruction: liability of adjacent landowners

A recent decision by the Court of Appeal considers whether adjacent landowners owe a duty of care to highway users.

Legal update

Planning permission law: when are you safe from challenge by judicial review?

In a surprising and somewhat controversial result, the High Court has quashed a planning permission as a result of a Judicial Review claim brought over five years late.

Legal update

Compulsory purchase guidance: new advice from the Scottish government

New guidance from the Scottish government was published at the end of April 2018. We look at the key points.

Legal update

Crichel Down Rules: new case law guidance

The case of Charlesworth v Crossrail Ltd[2018] has offered new judicial guidance on the Crichel Down Rules. This new guidance is of importance to local authorities and landowners..

Legal update

Village green law: is land held for a statutory purpose protected from registration?

The Court of Appeal has decided when land can be registered as a town or village green by limiting the use of the ‘statutory incompatibility’ test.

Legal update

Alternative development proposals: how do they affect CPO validity?

The case of Swish Estates has re-stated the Margate principles when considering the validity of a CPO where a landowner has put forward an alternative development proposal.

Legal update

Compulsory purchase order process: key steps to secure a CPO

An overview of the compulsory purchase order process for acquiring authorities and interested parties. Our timeline sets out the key stages to secure a CPO.

The Burges Salmon blog

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