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Planning use swap commercial agreement—checklist

Planning use swap commercial agreement—checklist The need for planning use swaps can arise where a planning application is made that leads to a loss of residential space and the local planning authority (LPA) requires a related planning application to be submitted for a proportionate ‘re-provision’ of residential space in another area. Two separate developers are often involved in a use swap. One developer applies for planning permission to carry out works or a change of use that will lead to a loss of residential space (Developer A) and another developer submits a related planning application for the creation of residential space in another part of the area (Developer B). A planning use swap agreement is used to set out the terms on which the use swap takes place. For more information, see Practice Note: Planning use swaps. Does the planning use swap agreement include the relevant parties? As an agreement under section 106 of the Town and Country Planning Act 1990 (s 106 agreement) is usually required before the LPA...

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Community Infrastructure Levy (CIL)—enforcement

Community Infrastructure Levy (CIL)—enforcement Introduction The Community Infrastructure levy (CIL) is a charge levied in respect of development. The legislative basis for CIL is found in Part 11 of the Planning Act 2008 (PA 2008), which empowers the Secretary of State to make regulations providing for the imposition of CIL. Those regulations were made in the form of the Community Infrastructure Levy Regulations 2010, SI 2010/948 (the CIL Regulations). CIL applies in both England and Wales. CIL is charged by ‘charging authorities’ in respect of certain development of land in their area and is collected by ‘collecting authorities’. For more information on charging and collecting authorities, and the circumstances in which CIL is charged on development, see Practice Note: Community Infrastructure Levy (CIL)—who administers CIL, when does CIL arise, and when and by whom must CIL be paid. The CIL Regulations contain enforcement provisions, giving collecting authorities the power to issue a range of surcharges, stop notices, and if necessary to recover funds by appropriate legal action....

Coronavirus (COVID-19) news & analysis—May & June 2020 [Archived]

Coronavirus (COVID-19) news & analysis—May & June 2020 [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This table contains an archive of news and analysis on coronavirus (COVID-19) and coronavirus developments that has been published within various Lexis+® UK Practice Areas in May and June 2020. 29–30 June 2020 Date News Analysis Brief description of News Analysis 30 June 2020 INSOL Europe/ÀÏ˾»úÎçÒ¹¸£Àû® coronavirus (COVID-19) Tracker of Insolvency Reforms—Cayman Islands Restructuring & Insolvency analysis: We look at the reforms to the insolvency law of Cayman Islands prompted by the coronavirus pandemic. Written by Nicholas Fox, partner, Mourant Ozannes, Cayman Islands, member of INSOL Europe. 30 June 2020 (Coronavirus (COVID-19))—rent recovery and protection in Scotland—what commercial landlords can do Property Disputes analysis: Landlords’ ability to recover outstanding rents has been impacted by the coronavirus and associated legislation, guidance and practice directions issued, but some options can still be explored. The options landlords in the UK have differ depending on which part of the UK they are...

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CIL liability indemnity clause—licence for alterations

1 Definitions Assumption of Liability Notice a notice in accordance with regulation 31 of the CIL Regulations Chargeable Development has the meaning given in regulation 9 of the CIL Regulations CIL the Community Infrastructure Levy introduced by sections 205–225 of the Planning Act 2008 CIL Regulations

Report on title—long form

Report on title—long form Property: [insert name and/or address of the Property] (‘Property’) Purchaser: [insert name, address and (if applicable) company registration number of buyer] Transaction: [insert brief details] 1 Executive summary 1.1 Scope of report This report is addressed to you [insert buyer’s name] and has been prepared for your sole benefit in connection with your proposed acquisition of the Property. This report may not be disclosed to or relied upon by any other party without our prior written consent. 1.2 [ Good and marketable title We are of the opinion that, subject to the matters referred to in this report, upon completion of the purchase of the Property, payment of [ stamp duty land tax OR land transaction tax] and registration at HM Land Registry, you will obtain a good and marketable title to the Property.] 1.3 Areas of concern [Insert any concerns about the Property arising from your due diligence]. [Title indemnity insurance [has been OR will be] obtained in respect of [insert...

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What is the position where an application under section 96a of the Town and Country Planning Act 1990 (TCPA 1990) which changes the gross internal area (GIA) of the development is approved after the original planning permission has been implemented and a Community Infrastructure Levy (CIL) demand notice has already been issued? Should the local authority issue a revised liability notice and demand notice? Does the liable party have the option of ignoring the revised demand notice especially where the TCPA 1990, s 96a amendment increases the GIA floorspace area and therefore results in a higher CIL liability?

What is the position where an application under section 96a of the Town and Country Planning Act 1990 (TCPA 1990) which changes the gross internal area (GIA) of the development is approved after the original planning permission has been implemented and a Community Infrastructure Levy (CIL) demand notice has already been issued? Should the local authority issue a revised liability notice and demand notice? Does the liable party have the option of ignoring the revised demand notice especially where the TCPA 1990, s 96a amendment increases the GIA floorspace area and therefore results in a higher CIL liability? Under the Community Infrastructure Levy Regulations 2010 (CIL Regulations), SI 2010/948, regs 65(4), 69(4) a revised liability and a revised demand notice respectively must be issued if there are changes to the amount of Community Infrastructure Levy (CIL) payable. This would include circumstances where the gross internal area (GIA) of a

Are areas which have no parish council, but have a parish meeting (due to low number of inhabitants within the parish) entitled to community infrastructure levy receipts?

Are areas which have no parish council, but have a parish meeting (due to low number of inhabitants within the parish) entitled to community infrastructure levy receipts? The community infrastructure levy (CIL) is charged by ‘charging authorities’ in respect of development of land in their area. Section 206 of the Planning Act 2008 (PA 2008) specifies that a local planning authority is the charging authority for its area, although there are exceptions. Charging authorities must spend the money raised by CIL on funding the provision, improvement, replacement, operation or maintenance of infrastructure to support the development of their area. Where some or all of a chargeable development takes place in an area for which there is a ‘local council’, the charging authority (other than the Mayor of London) for that area is under a duty to pass to that ‘local council’ a proportion of CIL receipts, calculated in accordance with the Community Infrastructure Levy Regulations, SI 2010/948, regs 59A and 59B. A ‘local council’ is defined as...

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Planning weekly highlights—8 August 2024

This week's edition of Planning weekly highlights includes: an MHCLG letter to the Planning Inspectorate advising more limited use of pragmatism in examining local plans; the Chief Planner’s August planning update newsletter; MHCLG letters to local authorities, metro mayors and stakeholders about the government's plan to build homes; and updated guidance on non-determination applications for higher-risk buildings procedures.

Planning weekly highlights—25 July 2024

This week's edition of Planning weekly highlights includes: Defra’s letter to eNGOs on the Planning and Infrastructure Bill; three solar farm development consent orders; and the built environment industry’s responses to the King’s Speech 2024.