Projects and Regeneration

The Building Safety Act: 2024 in review

As we hit the ground running in 2025, Daniel Searle looks back at some of the key developments of the Building Safety Act (“BSA”) in 2024 and opines on where we may be headed in the future. Read more

NEWS

Jan 23, 2025

Government vows end to “challenge culture” in transformation of judicial review process for major infrastructure projects

The Government has committed to reducing the number of permission stages against Development Consent Orders (DCOs) issued for large infrastructure projects in an attempt to keep nationally significant schemes from being held up by legal disputes.

Jan 20, 2025

Browne Jacobson advises city council on shopping centre acquisition

Law firm Browne Jacobson has advised Norwich City Council on its acquisition of Anglia Square Shopping Centre, in Norwich, from Columbia Threadneedle Investments.

Jan 09, 2025

District loses High Court battle with harbour board over payment for works

Arun District Council must pay towards Littlehampton Harbour Board’s bill for capital works to maintain the harbour, having lost a High Court case in which it argued the board’s demand was unlawful.

Jan 09, 2025

Procurement rules see city council reconsider approach to buying energy from community groups

Bristol City Council has been forced to rethink a plan to buy energy from community groups after advice that this might fall foul of public procurement rules.

Jan 07, 2025

Burges Salmon advises city council on sale of 487 homes to social housing and shared ownership provider

Law firm Burges Salmon has advised Birmingham City Council on the sale of 487 homes to Legal & General Affordable Homes.

Jan 06, 2025

Plans for £200m busway set to go to public inquiry after campaigners raise objections

A public inquiry is set to take place after a local campaign group complained about the impact of a £200m busway connecting Cambourne and Cambridge on the region’s countryside.

Dec 20, 2024

Law Commission issues consultation paper on changes to "fragmented" law on compulsory purchase

The Law Commission has published a consultation paper on compulsory purchase, as part of its review of the current "complex and inaccessible" law on compulsory purchase and compensation.

Dec 19, 2024

Government consults on further reforms intended to make compulsory purchase process “faster and more efficient”

The Government has detailed a series of reforms aimed at expanding and simplifying compulsory purchase orders (CPOs) in a consultation launched today (19 December).

Dec 18, 2024

Local government to have representation on relaunched Net Zero Council

The Government has relaunched the Net Zero Council, which will have representation from local government and civil society for the first time.

Dec 17, 2024

Bus Services Bill to remove ban on councils setting up own bus companies

The ban on local authorities establishing their own bus companies will be lifted under the Bus Services Bill, which was introduced in the House of Lords today (17 December).

Dec 09, 2024

Government issues guide for public authorities on giving subsidies

The Department for Business and Trade has published a guide for public authorities on assessing whether a subsidy or scheme is consistent with the principles of the Subsidy Control Act 2022.

FEATURES AND ANALYSIS

January 10, 2025

Applications for a liability order enforcing CIL

Christopher Cant looks at the procedure for enforcing outstanding Community Infrastructure Levy (CIL) liabilities.

December 16, 2024

Webinar: NEC101 – Compensation Events, an introduction

Join Laura Campbell (Sharpe Pritchard) and Robert Gerrard (NEC Consultant) for this webinar as we go over NEC Compensation Events – what common mistakes people make, general advice and best practice.

December 13, 2024

Know your dispute resolution clauses

Natasha Davison and Chloe Poskitt set out the key take-aways from two recent cases in relation to dispute resolution procedures.

December 11, 2024

A new code of conduct for directors

Peter Ware examines how the Institute of Directors’ new code of conduct for directors might be useful for those involved in local authority companies.

December 11, 2024

James Bond…or Mission Impossible?

Simon Ricketts assesses the planning announcements made by the Prime Minister in the Government’s Plan for Change.

December 11, 2024

Termination under JCT contracts

David Owens and Harnaek Rahania provide a brief reminder on how Employers can terminate under JCT contracts.

December 11, 2024

Defects under NEC4 contracts – summary of key terminology and mechanisms

Allan Owen outlines the key principles and mechanisms relating to Defects in NEC4 contracts.

December 06, 2024

Focusing on PFI expiry

A new report has highlighted how London boroughs are struggling to prepare for the expiry of their private finance initiative (PFI) contracts. This is a situation likely to be mirrored across local authorities nationwide, underscoring the need for greater attention to the issue from officers and lawyers alike, writes Caroline Mostowfi.

MORE NEWS

Dec 09, 2024

TLT advises major social landlord on acquisition of affordable homes as part of regeneration project

Law firm TLT has advised SNG (Sovereign Network Group) on its purchase of a number of affordable homes in Brent Cross Town, as part of the Brent Cross Cricklewood regeneration project.

Dec 09, 2024

Browne Jacobson advises largest freeport in Wales as it opens for business

Law firm Browne Jacobson has advised Celtic Freeport, the largest freeport in Wales, during the establishment of its governing body, and submission of outline and full business cases to establish special tax sites across 500 hectares of land in South-West Wales.

Dec 06, 2024

PM sets target of decisions being taken on 150 major infrastructure projects under streamlined approval process

The Prime Minister has attacked “the nimbys, the regulators, the blockers and bureaucrats…the alliance of naysayers” as he unveiled a target of fast-tracking decisions on 150 major infrastructure projects in this Parliament.

Nov 28, 2024

London boroughs “unprepared” for PFI expiry amid concerns over resources: report

Many London boroughs are not prepared for the expiry of private finance initiative (PFI) contracts and are hampered by lack of resources in addressing this.

Nov 27, 2024

Government launches subsidy control consultation on increasing thresholds, introducing new streamlined routes

The Department for Business and Trade is to consult on refinements to the UK subsidy control regime.

Nov 18, 2024

Independent review into street tree felling to focus on governance and decision-making

Plymouth City Council has appointed three experts to an independent learning review panel charged with investigating "from a governance and legal perspective" a controversial decision to fell more than a hundred trees in the city centre.

Nov 14, 2024

High Court judge dismisses second legal challenge brought against council in tree felling row

A claim that Plymouth City Council breached an injunction in relation to its decision to fell more than a hundred trees in the city centre has been dismissed by a High Court judge.

Nov 06, 2024

Former monitoring officer at borough council failed to challenge chief executive on massive borrowing that preceded section 114 report, auditors say

Woking Borough Council's former monitoring officer failed to challenge the former chief executive officer and former s151 officer over decisions to borrow large sums of money with no credible plan for repayment, a public interest report on the council's governance arrangements has concluded.

Nov 05, 2024

Borough council takes "unusual" decision to build school

Hampshire County Council has established a steering group and is seeking a "step in clause" as part of a section 106 agreement in order to oversee Eastleigh Borough Council's "unusual" decision to build a primary school as part of a 2,500-home development.

Oct 28, 2024

Review led by leading planning barrister sets out recommendations for speeding up handling of legal challenges to major infrastructure projects

Claimants should have fewer ‘bites at the cherry’ when seeking permission for judicial review of development consent orders (DCOs) made under the Nationally Significant Infrastructure Projects (NSIP) regime, an independent review by leading planning barrister Lord Charles Banner KC has recommended.

Oct 23, 2024

Browne Jacobson acts for London borough on major town centre regeneration project

Law firm Browne Jacobson has advised Sutton Council on a major town centre regeneration project that is intended to transform a number of key sites.

Sep 30, 2024

Browne Jacobson advises council on acquisition of town centre market

Law firm Browne Jacobson has advised Staffordshire Moorlands District Council on a deal to acquire Cheadle Market for £260,000 after it was put up for sale in a live auction.

Sep 26, 2024

Council seeks clarification on fate of public funds held by leisure trust

Harborough District Council's portfolio holder for finance has called on a leisure trust established by the council to publicly declare how £105,000 of leftover public funds have been spent.

Sep 12, 2024

Government delays Procurement Act commencement date by four months

The Cabinet Office has said the commencement of the Procurement Act 2023 will be delayed by four months from the original go-live date of October 2024 to allow time for a new National Procurement Policy Statement (NPPS) to be produced.

Sep 12, 2024

Warnings issued over “adversarial approach to contract management” ahead of PFI expiry

Confrontational and adversarial relationships between public bodies and those that manage facilities under the private finance initiative (PFI) will damage the return to the public sector of some 150 assets over this Parliament and rack up large legal costs.

Sep 04, 2024

Final report into Grenfell disaster gives damning verdict on the failures of government and contractors and recommends new regulation for the construction industry and local government

The final report into the Grenfell Tower fire has condemned failures by the government, building companies, contractors, fire safety experts and council staff that led to the high rise tower fire in west London on 14 June 2017.

Aug 22, 2024

Court of Appeal hands down ruling on construction of clause 8 of JCT 2016 Design and Build Form

The Court of Appeal (Civil Division) has ruled in favour of a builder and against its housing association client in what is thought to be the first litigation concerning the proper construction of Clause 8 of the JCT 2016 Design and Build Form.

Aug 22, 2024

City council sees limited success in bid to have claim by property company struck out

Sheffield City Council has failed to get all but a small part of a claim against it struck out in a dispute over redevelopment of the city centre that stretches back to 2007.

Aug 22, 2024

Council proposes constitutional changes detailing how councillors should manage relationships with developers

Liverpool City Council has taken the first steps in amending its constitution to set out the behaviour expected of councillors when interacting with developers either in face-to-face meetings, over the phone, via email, or on WhatsApp.

Aug 21, 2024

Councils in Cheshire set to begin devolution discussions with Government

Councils in Cheshire are set to begin discussions about devolution with the Government “within the next few weeks”, Cheshire East Council has revealed.

Aug 15, 2024

LGA launches call for evidence on institutional investment into affordable housing

The Local Government Association (LGA) has issued a call for evidence, in partnership with the British Property Federation, on how the current level of institutional investment in affordable housing might be expanded to increase the supply of new affordable housing.

Aug 02, 2024

Five-year housing deals could save £4.5bn over 30 years, report claims

The roll-out of five-year local housing deals by 2025 would lead to 200,000 additional social homes being built over the span of 30 years and deliver £4.5bn in savings, a new report by the Local Government Association (LGA) has said.

Jul 19, 2024

Combined authority facing subsidy control challenge over £140m loan

Greater Manchester Combined Authority is to defend a challenge in the Competition Appeal Tribunal to its decision to loan £140m to a property developer, in what is thought to be the second-ever subsidy control challenge under the Subsidy Control Act 2022.

Jul 09, 2024

Government to establish Council of Regions and Nations in plan to “reset” relationship with local government

The Prime Minister has told metro mayors that he will set up a Council of Regions and Nations in order to allow ministers and mayors to meet regularly.

Jul 08, 2024

Government makes immediate amendments to NPPF to scrap de facto ban on onshore wind

In one of its first decisions as an administration, Keir Starmer's Government has removed a "de facto ban" on onshore wind by placing onshore wind on the same footing as other energy developments in the National Planning Policy Framework (NPPF).

Jun 28, 2024

Judge rules council should receive “substantial” sum as waste management dispute rumbles on

The High Court has concluded that Buckinghamshire Council is entitled to a “substantial” sum in the latest ruling in a long-running dispute over a waste management project agreement, although the exact amount will need to be resolved.

Jun 21, 2024

Public procurement and subsidies specialist joins Clarke Willmott from competition watchdog

Clarke Willmott has bolstered its procurement team with the arrival of Brendan Ryan as a partner from the Competition and Markets Authority.

Jun 21, 2024

Report highlights “glacial” pace of implementing Levelling Up agenda

The Government's Levelling Up agenda has been progressing at a "glacial" pace, and on many metrics, "the UK as a whole has gone into reverse", a report from the Institute for Fiscal Studies (IFS) has claimed.

Jun 20, 2024

Council wins High Court battle with Government over decision to end support for highways PFI

Birmingham City Council has succeeded on one of six grounds argued in the High Court in a dispute over support from the Secretary of State for Transport for a highways maintenance contract set up under the private finance initiative (PFI).

Jun 06, 2024

Monitoring officer at district council issues section 5 report after project goes £850k over budget

The monitoring officer at Tendring District Council has issued a section 5 report after council officers varied a contract beyond the scope of the approvals in place, leading to additional costs to a project being incurred without authorisation.

MORE FEATURES

December 05, 2024

It’s time for CATOs

Steve Gummer and Shyann Sheehy explore Competitively Appointed Transmission Owners (CATOs) and consider their benefits and drawbacks.

November 22, 2024

High Street revival

The Government has confirmed that councils will have the power to hold high street rental auctions from 2 December. Lucy McDonnell and Megan Forbes look at how the regime will work, including from a planning perspective.

November 22, 2024

LGPS fund management reforms

The Government has announced the creation of pension ‘megafunds’. Mark Radford looks at the key points.

November 14, 2024

Roof Gardens and Higher-Risk Buildings – A tale of one too many storeys.

David Owens and Helen Arthur explore a recent First Tier Tribunal decision regarding the meaning of “higher-risk building’ under the Building Safety Act 2022.

November 13, 2024

Biodiversity Net Gain and Compulsory Purchase

Michael Dempsey considers government CPO guidance in the context of the mandatory Biodiversity Net Gain (BNG) regime, and the practical implications for schemes contemplating the compulsory acquisition of land for onsite BNG.

November 13, 2024

What next for coastal communities?

The Autumn Budget gave coastal communities no indication of a better tomorrow, writes Christopher Kerr.

November 08, 2024

Budget 2024: What was in it for construction?

Michael Comba and David Owens discuss the impact of the new government's first budget on the construction industry.

November 08, 2024

CAAD appeals and costs

The Upper Tribunal (Lands Chamber) has handed down the first decision to consider the principles to be applied, and the approach to be adopted, in an application for costs in a CAAD (certificate of appropriate alternative development) appeal. James Pereira KC and Mark O’Brien O’Reilly analyse the ruling.

October 31, 2024

Performance bonds and parent company guarantees in construction contracts

Sydney Rich and Rachel Murray-Smith explain performance bonds, PCGs and how building contracts are affected.

October 17, 2024

The Procurement Act 2023 and development agreements

How will the Procurement Act 2023 change development agreements and land transactions? Christopher Brennan, Alison Richards and Alexi Markham explain.

October 17, 2024

CPO compensation - recent cases

Jen Ashwell considers some of the key recent CPO and compensation decisions and highlights key takeaways that will be of interest to acquiring authorities, claimants (and their advisors) and local planning authorities.

September 20, 2024

Insolvency cover clarified – Peabody Trust v NHBC

The High Court has clarified – in a case involving a social landlord – when a cause of action accrues under insurance policies providing contractor insolvency cover, and therefore when the limitation period begins. William O’Brien and Alicia Ogborn explains the ruling.

September 13, 2024

Dear Government - It’s time to get innovative about means of public investment

Steve Gummer and Shyann Sheehey issue a call on the government to make use of their options to address various barriers to investment and innovation in the manufacturing sector.

September 04, 2024

Labour's new towns initiative: navigating the law

Labour has pledged to build a "generation of new towns" in its Manifesto as part of its plan to build 1.5 million new homes over the next five years. Alexander Rose, Lee Pickett, Andrew Batterton and Jessica Harrison explore some of the legal issues which are likely to arise from delivering this important policy and put forward solutions which can be implemented.

August 23, 2024

The Court of Appeal decides on JCT DB 2016 termination provisions

Helen Arthur provides an update on an important Court of Appeal ruling in a case concerning the proper construction of termination provisions in a JCT 2016 Design & Build form of Contract.

August 14, 2024

Funding for local authorities

When it comes to funding for local authorities, are there more options out there? Imogen Fisher, Jonathan Grosvenor and Lowri Fernyhough assess the possibilities.

August 13, 2024

Local authority owned companies and the Teckal exemption

In the second in a two-part series on local authority owned companies, Jan Cumming analyses the Teckal exemption.

August 13, 2024

Local authority owned companies and subsidy control

In the first in a two-part series on local authority owned companies, Alex Kynoch looks at the issue of subsidy control.

August 09, 2024

Can public sector guarantees help get Britain building again?

Nez Zein and Imogen Fisher look at the role public sector guarantees can play in unlocking housing delivery.

July 31, 2024

Subsidy control and economic growth

New investment vehicles introduced by Labour have the potential to drive growth, but risk being hampered by the current state of the subsidy control regime. Angelica Hymers offers ideas on small tweaks that could ensure regulation doesn’t hamper investment.