Knowledge

26.04.2013

The trouble with car parks

Parking in towns and cities can be difficult, and expensive. This sentiment represents the experience of commuters who battle daily to find a suitable space for their vehicle. Having found a space, perhaps in a multi-storey car-park, commuters will give little thought to the question of the robustness of the design and construction of that structure. However, this question is o…

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22.04.2013

More mixed messages

The renewables sector received another mixed message last Monday, with RWE’s successful application for judicial review of Milton Keynes Council’s wind turbine buffer zone policy:  R(RWE Npower Renewables Limited) v (1) Milton Keynes Council [2013] EWHC 751 (Admin). The application succeeded on a single ground, which was that the Council’s Supplementary Planning Document (SPD) …

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17.04.2013

I do like to be beside the seaside - Court of Appeal overturns a ruling and allows common land registration at the foreshore

On 27 March 2013 in the case of R (Newhaven Port and Properties Ltd) v East Sussex County Council and another [2013] EWCA Civ 276 the Court of Appeal overturned a decision of the High Court and held that a tidal beach was capable of being registered as a town or village green under the Commons Act 2006. The port authority who owned the foreshore argued that registration under …

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05.04.2013

Is the code finally broken? Law Commission recommends reform to the regime for telecoms operators and landowners

The Law Commission has recently published a report recommending a new approach to the Electronic Communications Code – the statutory regime which regulates the legal relationship between telecoms operators and landowners. Rather than just proposing changes to the existing code the Law Commission has suggested preparation of an entirely new version to signal a fresh beginning a…

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03.04.2013

Offshore Renewable Energy Projects and Deemed Planning Permission in Scotland

Deemed planning permission under the Town and Country Planning (Scotland) Act 1997  Section 57(2) of the Town and Country Planning (Scotland) Act 1997 (TCPSA) permits the Scottish Ministers, on granting a consent under section 36 of the Electricity Act 1989 in respect of an operation that constitutes “development”, to direct that planning permission for that development and any…

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