Chad Sutton

Interesting post from Matt Smith about a case we worked on together about differing definitions of the phrase ‘original dwelling’ for the purpose of GB policy. All credit to Matt for seeing this one through from beginning to end!

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Transport operators will want to be aware of this development at ESO level which may lead to reprioritisation of connections to be implemented at DNO level. Its going to be interesting to see how well communication lines function and what impact there could be on grant funded schemes with tight deadlines such as with ZEBRA. Thanks to our Freeths clean energy team members Michael Bray and Shraiya Thapa for providing insight into this important development. #cleanenergy #localtransport #evcharging

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The latest JCT Design and Build, 2024 Edition (DB 2024), is now available and the consensus view appears to be that they have not quite lived up to expectations. One area falling short involves the Building Safety Act 2022 (BSA). The JCT has adopted a very light touch with no specific provisions for higher-risk buildings (HRB), which means DB 2024 sidesteps the complexities of the gateways regime and its integration with practical completion. JCT seems to have taken the view that the existing general obligation to adhere to statutory requirements sufficiently encompasses the need to comply with most elements of the HRB legislation. Parties should consider this gap and perhaps enhance their own contractual protections accordingly. The modifications concerning the taking of liquidated damages and resolving the account on insolvency are noteworthy, as are the changes to the inclusion of new Relevant Events for epidemics and changes in law. These changes will do little to mitigate the tendency of the parties to amend the JCT to align it more closely with commercial reality and the funding market, and the lack of detail around compliance with the BSA will likely lead to more amendments.

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It's another post in my #LURAWatch series! This time, a brief look at the planning implications of High Street Rental Auctions... which look like they might be making an appearance in the near(ish) future, election timescales permitting. For those who aren't familiar, High Street Rental Auctions are a new set of powers that would allow local councils to rent out persistently vacant shops, pubs or other commercial premises in their local high streets. The intention is to revitalise and rejuvenate high streets that have struggled to recover post-COVID, whilst simultaneously reducing anti-social behaviour and increasing footfall. As a self-confessed planning nerd - it does seem a slightly odd part of the act to prioritise - particularly given the changes to local plan-making that LURA could enable have yet to be brought into effect - but perhaps having fewer vacant units on local high streets by October will be helpful to the government in some way ....... PS. Yes, that is an *appropriate* gavel, and yes, I am delighted about this. #LURAwatch #levellingup #retail #highstreetrentalauctions #signsofalateOctoberelection? #planning #finallyanappropriategavel

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We have been looking at the proposals for planning reform from each of the main political parties - more on that soon. The Reform UK contract was published today and I could not help but notice their proposal for ‘Loose Fit' planning for large residential developments with pre-approved guidelines and developer requirements. If you are of a certain age, you'll understand why the lack of detail here has been 'twisting my melon' but there is at least a recognition of the importance of delivering housing at scale and the need to put a 'step on' it. #planningreform #happymondays

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What will a Labour government mean for the residential property market? It is nearly the end of day one, and a new government being formed as I type, here are some of my thoughts for the future based on Labour's manifestos and election campaign messaging. Read it here: https://lnkd.in/ev8ZkyeA #GeneralElection #Government #Labour #Legal #Insights #ResidentialProperty #HousingMarket #WedlakeBell

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It's time for April's edition of Adjudication Matters. In this month's edition, Carly Thorpe, David Maclellan, and Andrew Dixon review 3 recent cases that explore the latest nuances in adjudication and adjudication enforcement. Explore the update below. #Adjudication #ConstructionLaw #WalkerMorris #ForgeYourOwnPath

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Taking aim at a moving target... In the second of our articles unpacking yesterday's announcements, Jamie Lockerbie Robbie Owen and I consider what changes will need to be made to the NPPF to re-introduce some much needed rigour into local delivery and plan making - but sound a note of caution on how quickly this will translate into actual delivery. The "flash to bang" delay between a resolution to grant and an implementable planning permission is always months and often years. Significantly more local authority and PINS resource and a muscular task force, will be needed to turn welcome rhetoric into delivery reality. #planningreform #nppf #housingdelivery #first100days

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Background briefing notes on the proposed Planning and Infrastructure Bill mentioned in the King's Speech: The Planning and Infrastructure Bill will accelerate housebuilding and infrastructure delivery by: - streamlining the delivery process for critical infrastructure including accelerating upgrades to the national grid and boosting renewable energy, which will benefit local communities, unlock delivery of our 2030 clean power mission and net zero obligations, and secure domestic energy security. We will simplify the consenting process for major infrastructure projects and enable relevant, new and improved National Policy Statements to come forward, establishing a review process that provides the opportunity for them to be updated every five years, giving increased certainty to developers and communities. - further reforming compulsory purchase compensation rules to ensure that compensation paid to landowners is fair but not excessive where important social and physical infrastructure and affordable housing are being delivered. The reforms will help unlock more sites for development, enabling more effective land assembly, and in doing so speeding up housebuilding and delivering more affordable housing, supporting the public interest. - improving local planning decision making by modernising planning committees. - increasing local planning authorities’ capacity, to improve performance and decision making, providing a more predictable service to developers and investors. - using development to fund nature recovery where currently both are stalled, unlocking a win-win outcome for the economy and for nature, because we know we can do better than the status quo. Our commitment to the environment is unwavering, which is why the Government will work with nature delivery organisations, stakeholders and the sector over the summer to determine the best way forward. We will only act in legislation where we can confirm to Parliament that the steps we are taking will deliver positive environmental outcomes. Where we can demonstrate this, the Bill will deliver any necessary changes.

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The Kings Speech 2024 Light on detail as is customary, we await the NPPF amendment consultation later this month. But we have broad indications as to what will follow in the legislative programme, in the accompanying notes. The press release accompanying the speech says as follows: “Getting Britain to build more housing and infrastructure, including through planning reform, will also be central to the Government’s plans to strengthen economic growth. The Bill will speed up and streamline the planning process to build more homes of all tenures and accelerate the delivery of major infrastructure projects. By enabling democractic engagement with how, not if, homes and infrastructure are built - the major brakes on the planning system will be addressed to support sustainable growth.” (Powerful word that, “how”.) It’s going to be a busy Parliamentary session with up to 40 Bills to be promoted - with eye-catching headlines including Great British Energy (to be HQ’d in Scotland) the state ownership of the railways and powering up the regions through an English Devolution Bill. From a constitutional perspective, a public commitment to reform the House of Lords and to introduce a duty of candour for those in public office. Background notes to the speech here, including the Planning and Infrastructure Bill: https://lnkd.in/edXb3dt6 #kingsspeech2024 #planningreform #NPPF

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Analysis of Labour and Conservative Housing and Property Plans Comprehensive Analysis of Labour and Conservative Housing and Property Plans The housing and property market in the UK remains a pivotal issue for both the Labour and Conservative parties. Each party’s policies have significant implications […] From The BLA https://www.rfr.bz/lm8awx4

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It took longer than expected (the consultation concluded in September ’23), but Permitted Development (PD) on a large scale is back. The requirement for vacancy and the threshold of 1,500 sq m has been removed. So what do we expect to see and how will it be different to previous iterations? Read our latest blog from Andrew Boyd on the return of office to residential conversions. #development #property https://lnkd.in/g99rZ2yV

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Masterplan consent areas and housing - not necessarily a plan-led approach?

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Q. Do you need planning permission to moor a houseboat? A. Maybe! Key points: 1. Use of a floating structure for permanent residential accommodation is capable of affecting a material change in the use of the River bed and banks and therefore triggering a requirement for planning permission (DL,21). 2. Relevant considerations might include (a) the permanence of the occupation of the mooring, presenting a "permanent and unchanging scene", (b) the "distinct and very obviously residential" appearance of the floating structure and (c) the on-land implications for residential storage and residential paraphernalia (DL,22-24). 3. Demonstrating immunity has not been lost thorough abandonment might be tough when there are long periods of a vessel not being on the mooring, and a vessel is the conduit for the residential use (DL,38). I was pleased to have acted successfully for Medway Council together with Iain Warner in this interesting case. #Planning #NPPF #Houseboats #Development #Property

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Ambitious plans to reform the planning system, scale up the delivery of new homes, and enable investment in the modern ‘green’ infrastructure the UK needs to decarbonise, run through the election manifestos published by the main UK political parties, in what is universal recognition that good quality infrastructure is the bedrock of any thriving economy.Here, we take a closer look at the pledges relevant to the infrastructure sector.  #generalelection2024 #planningreform #economicgrowth #infrastructurerenewal https://lnkd.in/evdX4kRQ

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2024 continues to deliver waves of ESG-related news, updates and developments. In this latest UK Real Estate ESG Update Robert Gowing considers the challenges inherent in the planning system when it comes to adapting or upgrading heritage buildings; David Horan explains how district heating networks are likely to impact both developers of new buildings and owners of existing buildings; and Chris Somorjay takes a look at what’s "new" in the BBP’s new green lease toolkit, as well as continuing our ‘Green Lease Corner’ series with a focus on data sharing clauses.

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Labour’s target to build 1.5 million homes is very ambitious even when building on so called “grey” belt land. However, many agree more radical and less restrictive planning reforms are the only option. Good news then for property developers and home buyers as these reforms appear to be a priority. #property #propertyinsights #clientfocused IBB Law

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Rent compliance is so clearly fundamental to the running of an RP. It's too easy for historic issues with rent setting to become "baked in" to future rent calculations

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