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Thinking - Blog

Cinema Wars: The Courts Awaken

Published on 10 Apr 2017.

A review of two recent planning law cases relating to cinema schemes, looking at s73 applications and the role of development plan policies in managing competition.

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Thinking - Blog

Permissions in Principle: a brave new planning world?

Published on 06 Apr 2017.

An overview of regulations relating to brownfield land registers and permission in principle including criteria for including land in a register and allocating it for housing development

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Thinking - Blog

MIPIM: 10 things we learnt about you

Published on 31 Mar 2017.

A round up of things we learnt during our first experience of MIPIM week, from what to wear to how to plan your diary and make the most of your new connections

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Thinking - Blog

Engaging with Development – do we always know what we need?

Published on 29 Mar 2017.

Comment on the need for public engagement in the planning and development process, following a ULI presentation on The Well-Tempered City (author Jonathan Rose)

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Thinking - Blog

Rent reductions in Side Letters: do they work?

Published on 29 Mar 2017.

Rent Reductions, rent reviews, side letters and retail.

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Thinking - Blog

What chance is there for developers railing against Stamp Duty Land Tax

Published on 28 Mar 2017.

After nearly three years of the increased residential Stamp Duty Land Tax (SDLT) rates and almost a year of the SDLT surcharge for additional properties, developers are mounting a call for reform. How successful can this be opposite a government under economic pressure?

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Thinking - Blog

Planning to Protect Pubs

Published on 09 Mar 2017.

A review of recent article 4 directions removing permitted development rights from pubs and proposed legislation to protect them from development and demolition.

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Thinking - Blog

Finally, a victory in the on-going battle against business rates

Published on 03 Mar 2017.

The Supreme Court ruling in Newbigin v Monks represents a welcome and important victory for UK property developers.

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Thinking - Blog

The new statutory obligation to report on payment practices

Published on 28 Feb 2017.

Key points (and links) for businesses to note about the draft Reporting Payment Practices and Performance Regulations 2017 which comes into effect in April 2017.

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Thinking - Blog

CIL review: A note of caution to charities

Published on 20 Feb 2017.

An overview of the CIL review team's recommendations for reform of CIL and consideration of the effect the loss of charitable exemptions could have on charities

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Thinking - Blog

The Housing White Paper: 5 ways to boost delivery

Published on 15 Feb 2017.

A round-up of five key themes in the Housing White Paper which aim to increase land available for housing and boost build-out rates.

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Thinking - Blog

Green belt development - don't forget the law!

Published on 13 Feb 2017.

A review of the housing white paper in relation to green belt development noting that the Green Belt (London and Home Counties) Act 1938 is a further hurdle.

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Thinking - Blog

Business rate hikes about to hit retailers

Published on 08 Feb 2017.

Retailers are bracing themselves for increased property costs in the form of newly calculated business rates which take effect in April 2017.

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Thinking - Blog

Electronic Signatures – the future of executing documents?

Published on 03 Feb 2017.

You could be forgiven for failing to spot the release of The EU Regulation on Electronic Identification and Trust Services in the Internal Market (910/2014/EU) (the Regulation), released post EU referendum. We consider the impact of this and the Law Society's Guidance Note on electronic signatures (the Guidance Note).

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Thinking - Blog

Garden Villages - are they necessary?

Published on 09 Jan 2017.

A recent Government announcement has proposed 14 sites across England to be the first garden villages, with 3 further sites to be new garden towns. But with a country full of deserted and derelict buildings, are garden villages and towns the only way forward?

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Thinking - Blog

The ins and outs of tall buildings

Published on 18 Nov 2016.

Whilst iconic design can be fabulous, RPC asks if we will see developers and architects put more thought into the needs of their occupiers and surrounding landowners, and less of a focus on headline-grabbing exterior designs.

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Thinking - Blog

Building on Brexit

Published on 10 Nov 2016.

The Impact of Brexit on the Construction Industry and the House of Commons Briefing Paper

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Thinking - Blog

Office to Residential Permitted Development Rights – an update

Published on 08 Aug 2016.

The rights to convert a building from office use to residential without needing to submit a planning application are not new, although a recent decision from the Planning Court have brought them back to the headlines and suggest that they may be more flexible than anticipated.

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Thinking - Blog

Brexit and the housing crisis – where are we now?

Published on 01 Aug 2016.

It is only a couple of months since the Government restated its 'one million homes by 2020' pledge. It was always going to be a big ask, with talk of land banking, constructions skills shortages and delays in the planning system being bandied about on a regular basis

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Thinking - Blog

Drones: don't fly out of bounds (legally)

Published on 27 Jul 2016.

Various commercial industries have already woken up to the myriad opportunities offered by drone technologies. Whilst the regulatory regime evolves, it is important that companies don’t fall foul of the law.

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Thinking - Blog

Planning: the sequential test

Published on 26 Jul 2016.

For those involved in retail development, a recent Planning Court case serves as a helpful summary and update on the interpretation of the sequential test set out in para 24 of the NPPF.

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Thinking - Blog

Break Notice – All 4 one?

Published on 27 May 2016.

The recent Chancery Division case of Levett-Dunn & ors v NHS Property Services Ltd [2016] EWHC 943 (Ch) considers the validity of a break notice served on four landlords, all "care of" the same address.

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Thinking - Blog

"Innovative and sustainable" – Rio Ferdinand launches new redevelopment and regeneration model

Published on 23 Mar 2016.

Former England football captain and Manchester Utd Defender Rio Ferdinand presented his new charity, The Legacy Foundation, to delegates at MIPIM last week.

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Thinking - Blog

Global Real Estate Transactions to Hit $1tn by 2020

Published on 21 Mar 2016.

According to a new report released on 15 March by JLL, the global ageing population will drive real estate transaction volumes over $1tn (£704bn) globally by 2020, up from $700bn (£484bn) in 2015.

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Thinking - Blog

Urban Land Institute publishes Second Edition of acclaimed Build to Rent Guide

Published on 07 Mar 2016.

Last week the Urban Land Institute published a Second Edition of its acclaimed Build to Rent Guide - hailed by some in the market as a "Bible" for the PRS industry.

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Thinking - Blog

NEC must extend culture and spirit to lawyers to end curse of the Z Clause

Published on 11 Feb 2016.

In the NEC Users' Group Newsletter (No.75 November 2015), Rudi Klein – in his article, "Revisiting the curse of the Z clause" (page 2) – remarks that, "Unfortunately, through the 'loophole' of option Z, far too many NEC contracts are amended beyond recognition and fail to deliver as they should".

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Thinking - Blog

Housing shortage is a construction industry skills crisis

Published on 18 Jan 2016.

Headlines focus on the emotive issue of hard-working families being unable to afford their own homes, and the Government’s pledge to get Britain building.

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Thinking - Blog

Mobile marketing – lessons learnt from Optical Express

Published on 15 Jan 2016.

Mobile marketing is an essential part of the marketing tool kit of most retailers.

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Thinking - Blog

Cavendish win on penalties: Supreme Court makes finger-tip save of ageing doctrine

Published on 06 Jan 2016.

The Supreme Court has provided long awaited clarification of the law on penalty clauses and liquidated damages, upholding the "penalty rule" but further limiting its utility in a commercial setting.

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Thinking - Blog

Titan v Colliers – the price of everything and value of nothing

Published on 30 Dec 2015.

The Court of Appeal recently overturned the High Court's judgment in the case of Titan v Colliers.

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Thinking - Blog

No returns for M&S following Supreme Court ruling

Published on 11 Dec 2015.

The Supreme Court has upheld the decision of the Court of Appeal in the case of Marks and Spencer plc (M&S) v BNP Paribas Securities Trust Company (Jersey) Ltd (BNPP).

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Thinking - Blog

Squatting: an own goal?

Published on 01 Dec 2015.

In October 2015, a Manchester hotel undergoing extensive refurbishment works was occupied by squatters and housing activists.

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Thinking - Blog

Tribunal criticizes HMRC’s refusal to allow retrospective VAT group application

Published on 27 Nov 2015. By Ben Roberts, Partner

The First-tier Tribunal (in Copthorn Holdings Ltd v HMRC) has asked HMRC to reconsider its decision to refuse a taxpayer’s application for retrospective VAT group registration. This is the second time HMRC have been asked to “think again” on their decision.

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Thinking - Blog

Don't blame it on the sunshine – the impact of weather on the retail industry

Published on 30 Oct 2015.

The Met Office has recently published a report that considers the impact of weather on the retail industry (a copy is available here).

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Thinking - Blog

Can omni-channel deliver a retail experience?

Published on 16 Oct 2015.

Greater competition for a hassle-free retail experience is on the agenda for both internet only and bricks and mortar retailers.

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Thinking - Blog

Office to residential development crusade continues

Published on 16 Oct 2015.

As part of the Government's ongoing crusade to get homes built, the office to residential permitted development right, previously set to expire in May 2016, has been made permanent.

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Thinking - Blog

'Stand Up and Deliver' - the competition for same day delivery hots up

Published on 12 Oct 2015.

Argos has become the first UK bricks and mortar retailer to offer shoppers same day delivery up to 10pm.

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Thinking - Blog

MEES: The legal implications

Published on 02 Sep 2015.

The Minimum Energy Efficiency Standards regulations (MEES) will implement legislation that could make the potential benefits of "being green" tangible.

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Thinking - Blog

Service charge interpretation and the cautionary tale of Arnold v Britton

Published on 17 Aug 2015.

In the recent case of Arnold v Britton[1], the Supreme Court considered the meaning of a service charge clause in a long lease which would result in the tenant paying service charges of over £550,000 per annum by 2072.

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Thinking - Blog

Business Rates: Don't pull the Woolway over your eyes

Published on 13 Aug 2015.

A recent Supreme Court decision on business rates had the RPC Real Estate team talking, and not just because it related to our second & sixth floor neighbours, Mazars.

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Thinking - Blog

"That don’t distress me much …"

Published on 31 Jul 2015.

George Osborne's pledge to tackle the housing crisis, if acted on, should see an increase in housebuilding.

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Thinking - Blog

Feast your eyes on this! ASOS and Wall's collaboration a trade mark success?

Published on 29 Jul 2015.

Back in December 2014 Retail Therapy featured an article on the surprising collaboration between McDonalds and Moschino.

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Thinking - Blog

Summer Budget – property developments

Published on 14 Jul 2015. By Ben Roberts, Partner

Last week's "summer" Budget, the first by a (solely) Conservative government for nearly two decades, was full of surprises but contained relatively few specific property tax measures.

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Thinking - Publication

Time limit for challenges to adjudication decisions clarified

Published on 01 Jul 2015.

Adjudication is intended to be a quick and cost-effective means of resolving a dispute. However, in its first decision concerning adjudication, handed down on 17 June 2015, the Supreme Court has reached a finding that means parties to adjudication may face a very long delay to reach a final determination of the dispute between them. The decision, in the case of Aspect Contracts (Asbestos) Limited v Higgins Construction plc, allows a respondent to adjudication to challenge the outcome any time up to six years after it makes payment to the successful referring party, thereby potentially rendering historic adjudication decisions vulnerable to further litigation.

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Thinking - Publication

Play nicely, children

Published on 17 Jun 2015.

Litigation is, by its very nature, an adversarial process. But as the court has made clear in the case of Simon Gotch & Susan Linda Gotch v Enelco Limited1, litigants should also co-operate, to ensure the swift and cost-effective resolution of their disputes.

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Thinking - Blog

Forfeiture ... that's a relief

Published on 17 Jun 2015.

A landlord's right to forfeit for breach of covenant by the tenant is a useful remedy commonly found in leases.

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Thinking - Publication

Flood Re: the impact of the scheme on surveyors and valuers

Published on 02 Jun 2015.

The catastrophic impact that flooding can have on property owners has been seen all over the news for the past decade. In particular, 2012 saw some of the wettest weather for a century and left thousands of households struggling to find insurance cover for their properties.

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Thinking - Blog

Can concessions heal the high street?

Published on 02 Jun 2015.

Typically, concessions are used by retailers to incorporate third party brands into their retail space and broaden the range of products on offer to their target consumers.

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Thinking - Publication

Beyond night and day: The importance of causation

Published on 27 May 2015.

In order to succeed in a claim for professional negligence, a claimant must establish that the professional owed him a relevant duty of care, that they breached that duty and that the breach caused the loss he seeks to recover.

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Thinking - Blog

Fashioning a market – the impact of London Fashion Week on high street retailers

Published on 05 Mar 2015.

London Fashion Week (LFW) has closed its doors once again for another 6 months before fashion's greatest and most celebrated designers return to showcase their S/S16 collection on 18 September 2015.

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