News and Information

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Recent Instructions

• various instructions by short term loan fund to act as employers agent
• appointed to undertake detailed survey of Church building on behalf of the German Lutheran Ministry, London and provide advice as to necessary repairs and upgrading works
• appointed by Commercial clients to project manage £500k external repair redecoration contract
• appointed to manage external redecoration and repair contracts in London W8 for managing agents Aspect Property Management Ltd

News update (January 2012)

• Localism Act
  On 15 November 2011 the Localism Act received Royal Assent. A further key element of the Government's Big Society Agenda was therefore put in place, with responsibility for a range of planning issues being devolved away from central and local government and passed down to local level.
  At the heart of the Act is the concept of neighbourhood planning, conferring planning powers on local communities for the first time and inviting involvement by local people in the approval of certain types of development. Initially, this model involves the promotion of a neighbourhood area by the relevant body, which could be a Parish Council or a neighbour forum. The initiative would generally apply to the bigger towns and cities throughout the country. The criteria for designating a neighbourhood forum will be the existence of a written constitution with a stated purpose to promote or improve local, social economic and environmental wellbeing. It will comprise a minimum of 21 members who live and work in the area including any elected council members.
  Once designated a neighbourhood forum will be able to promote its own neighbourhood plan, containing its visions for the future development and use of land in its area. The plan will have significant status, forming part of the development plan for the area which will mean that planning decisions will have to be in accordance with the plan unless material considerations indicate otherwise. It will have to be consistent with national policy in the local core strategy. A neighbourhood plan will be subject to independent examination although it is anticipated that this will be “light touch” involving the submission of written representations rather than a right for parties to be heard by the examiner.
  Land owners and developers will therefore need to monitor the emergence of these new plans with an eye to working with local communities and exploring where opportunities may exist for co-operation. The Act also makes some significant changes to pre-application consultation which will become a statutory duty. The Act will also extend the normal limitation period for enforcement against breaches of the Planning Act.
• The Court of Appeal has provided welcome advice on problematic issues with regard to planning consents issued by Local Authorities which may reduce the scope for legal challenge, however planning authorities will still have to exercise care in determining applications. This decision makes clear that planning officers’ reports to committee will have to be drafted with considerable care so as to fully inform and not mislead the committee. When members of planning committees go against an officers’ recommendation to refuse permission the committee will have to provide cogent reasons for granting it to reflect the matters debated at a planning meeting.
• The European Union has issued a statement advising that from the 15 January 2015, HCFC Gas R22 (be it virgin or recycled) cannot be used with any air conditioning systems. The use in any air conditioning systems of R22 (its use as a refrigerant is very common) in regular maintenance programmes is now banned. The relevant machinery will become
  unmaintainable and will need to be replaced or refurbished with components suitable for a replacement refrigerant.
• The Civil Procedures Rules Committee has agreed that the dilapidations protocol should be adopted as a formal pre-action protocol in England and Wales which has undergone various revisions since 1999 and a further revision is to be adopted on the 1 January 2012 and is important that parties contemplating dilapidations actions consider the changes now.
• Important decision reached at County Court level in case Kaye v Lawrence under the Party Wall etc Act 1996; security sought by Building Owner issuing notice under section 6(1)(2) of intention to carry out works on own land within 3m to 6m of Adjoining Owners building – request for security by Adjoining Owner under section 12 (1) – where the security available where no works proposed to Adjoining Owners land – section 6 works carried out in exercise of rights conferred by Act. The appeal on the above was allowed. The Judge stated there is no reason why the security provisions of section 12(1) of the 1996 Act should apply only to work on the Adjoining Owners land.
• The Building Regulations are undergoing a shake up in the light of requirements for more energy efficient buildings and changes will be occurring in respect of parts L and F during this year.
• In respect of part J consultation closed on 26 November 2010. Developers should expect to see revisions to part H (drainage and Waste disposal) part A (Structure) and part C (resistance to contaminants and moisture) 2013. Thereafter revisions in 2016 are anticipated to part B (fire safety) and part D (toxic substances).

Please contact RR Paice & Co. if you need more information regarding any of these issues.