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Rights of light—identifying provisions in leases—checklist This Checklist sets out which clauses in a lease and other relevant documents should be reviewed to determine whether a right of light exists. A right of light is an easement that entitles a landowner to receive natural light through an aperture in a building on its property. The owner of the land that is burdened by the right of light (the 'servient Building') cannot interfere with it without consent. On any proposed development it is therefore necessary to identify any neighbouring properties potentially enjoying a right of light (the 'dominant Building'). For further information regarding rights of light, see the following Practice Notes: • Establishing and maintaining rights of light • Rights of light—obstruction notices • Rights of light claims • Rights of light—insurance for developers Section 2 of the Prescription Act 1832 (PA 1832) requires actual enjoyment of light, which means that a right of light can be acquired for their own benefit and in their own right by those with a...
Submitting a planning application—checklist Has the correct application form been used? If the application is not submitted in the correct form or is not accompanied by the required information, it will be invalid and the local planning authority (LPA) can refuse to validate it. The determination period does not begin until the date that the application is validated. The application must be made using either: • an online form, via the Planning Portal • the standard 1APP form, or • a paper form, downloaded from the relevant LPA’s website See Practice Note: Applying for planning permission—procedure. Have the statutory national information requirements been satisfied? Is the application form accompanied by: • a location plan and a red-line site plan? • any other plans, drawings and information necessary to describe the development? • in England, information relating to the biodiversity gain condition? • completed certificates of ownership, stating any freehold interests, or leasehold interests of not less than seven years? • copies of notices to all owners of the application site?...
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³¢±ð³æ³¦±ð±ô—p´Ç²õ³Ù-²¹²õ²õ±ð²õ²õ³¾±ð²Ô³Ù Lexcel is the Law Society's practice management standard. It is not compulsory although Lexcel accreditation can be helpful for firms wishing to be accredited under the Conveyancing Quality Scheme or the Legal Service Board's Specialist Quality Mark. This Practice Note takes you through each stage of the post-assessment process. Processing final report Shortly after your assessment (normally two to three days), your assessor will email you the final report. This will document minor and/or major non-compliances, any areas of improvement and good practice. A copy of this report will also be sent to the Law Society panel. On receiving the final report you may wish to: • formulate a post assessment action plan which documents key points and non-compliances that need to be rectified—see Precedent: ³¢±ð³æ³¦±ð±ô—p´Ç²õ³Ù-²¹²õ²õ±ð²õ²õ³¾±ð²Ô³Ù action plan • email heads of departments and the management team with summary of the final report, highlighting any minor/major non-compliances and any areas for improvement—see Precedent: Lexcel post-assessment email to relevant HODs and management team • email all staff with...
Trading an insolvent company—checklist The decision to trade on is not a decision which an insolvency practitioner (IP) can make in isolation. It is important to get commitment to trading on from the other stakeholders who need to be involved. These other stakeholders include: • customers—required to commit to continue to buy from the company • suppliers—required to commit to continue to supply the company • employees—required to commit to carry on their duties with the company, and • potential purchasers—required because without a purchaser the continued trading will not lead to enhanced realisations The checklist below covers most of the key areas that an IP must focus on when trading a business. Good levels of communication and control are essential from day one of a trading job. There are four key words to keep in mind at all times from the moment an IP takes over: • control—establish the whereabouts of all assets/premises • secure—change locks, alarm codes and passwords • insure—notify insurance brokers who insure assets for IPs...
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Property queries to be included in a due diligence questionnaire for an asset or share purchase Real property 1 Â 1.1 Please provide details of all properties owned, occupied or used [by any Group Company OR in connection with the Business] (the Properties), including whether freehold or leasehold. 1.2 In respect of the Properties, please provide the following information: 1.2.1 full address; 1.2.2 approximate size of site and total size of buildings; 1.2.3 legal owner; ...
Licensing 1 Definitions Business the [insert number ] [star] hotel business operated by the Seller at the Property providing for [accommodation type] [sale food and beverage] [weddings] [conference centre] [leisure centre] [spa] [golf course] [haird
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What notice would be required to be given to the owner of a static caravan, on a caravan site, where there is no formal agreement? Would the site manager have to give a reason for not renewing the caravan licence? If there is a licence or contract in place under which a person is entitled to station a caravan on a ‘protected site’ and occupy the caravan as their residence, then the relevant legislation is the Caravan Sites Act 1968 (CSA 1968). A ‘protected site’ is defined as any land in respect of which a site licence is required, not being land in respect of which the relevant planning permission or site licence is expressed to be granted for holiday use only, or is otherwise so expressed or subject to such conditions that there are times of the year when no caravan may be stationed on the land for human habitation. Even if there is no written agreement in place, the terms of the arrangement under which occupation was permitted...
Can an inspector still determine a planning appeal where the applicant amends the red line from the original application? Whether a planning inspector will determine an appeal on the basis of an application with a red line plan which has been amended since the original application depends on whether the amendments materially change the character of the development. Minor amendments to a site boundary may not be objectionable, but it is a matter of fact and degree as to when such changes become material. A full case law or appeal search is beyond the scope of our service. However, we did find an appeal decision—Appeal Ref: APP/Z1510/W/19/3225503—where the inspector accepted plans which had been amended by the applicant at appeal by altering the red-line boundary. The inspector in this appeal referred to the ‘Wheatcroft Principle’ in stating that he was satisfied that the amendments would
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The UK Green Building Council (UKGBC) has provided guidance on addressing operational carbon emissions in buildings, explaining the causes of these emissions and outlining strategies for their reduction. For existing homes, they recommend improving insulation, transitioning to electric heating, and using renewable energy sources. For non-domestic buildings, recommendations include moving away from fossil fuel heating, setting building performance targets, and adopting on-site renewables. For new buildings, the UKGBC advises prioritising energy efficiency in design and focusing on electricity-based systems. In addition, the UKGBC is conducting an Operational Optimisation Labs project to explore methods for optimising commercial buildings to reduce operational carbon emissions, as opposed to undertaking deep retrofits. The UKGBC intends to release the final outcomes of this project in spring 2025.
This week's edition of Corporate Crime weekly highlights includes analysis of compliance trends in the landscape of corporate ethics to be expected in 2025, of the OTSI‘s guidance published on ‘no-Russia' clauses and countering Russian sanctions evasion and of the SFO securing its first UWO linked to a £100m fraud case. Also included is news of the MoJ’s newly launched consultation on the role of computer evidence in the criminal justice system, of Defra’s recently published guidance to assist businesses in preparing for the ban on the sale and supply of single-use vapes and of the EA Chief Regulator’s call for reforms to the UK's environmental regulation framework following the release of their 2023/24 report on environmental enforcement statistics. All this, and more, in this week’s Corporate Crime highlights.
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