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33 Bedford Row

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Kevin Leigh
Kevin Leigh
Barrister
33 Bedford Row
Contributions by 33 Bedford Row Experts

17

A letter of claim was received from a neighbour, asserting that the adjoining property is trespassing onto their land. The property itself was built in 1998 by the previous owner but the trespass was only discovered a few months ago by a surveyor acting for the neighbour. What would the relevant date be for limitation purposes? Would this amount to a continuing trespass?
A letter of claim was received from a neighbour, asserting that the adjoining property is trespassing onto their land. The property itself was built in 1998 by the previous owner but the trespass was only discovered a few months ago by a surveyor acting for the neighbour. What would the relevant date be for limitation purposes? Would this amount to a continuing trespass?
Q&As

A section 106 agreement states that an ancillary building cannot be used as a dwelling. An application for a lawful development certificate (LDC) is subsequently submitted, demonstrating that the use of that dwelling is lawful as it has been used as a single dwellinghouse for at least four years. Can the application for an LDC be used to confirm compliance (or lack thereof) with the planning obligation? Assuming not, is that enough of a ground to refuse the application? If the LDC is granted, can enforcement under the section 106 agreement still be taken?
A section 106 agreement states that an ancillary building cannot be used as a dwelling. An application for a lawful development certificate (LDC) is subsequently submitted, demonstrating that the use of that dwelling is lawful as it has been used as a single dwellinghouse for at least four years. Can the application for an LDC be used to confirm compliance (or lack thereof) with the planning obligation? Assuming not, is that enough of a ground to refuse the application? If the LDC is granted, can enforcement under the section 106 agreement still be taken?
Q&As

Can a local planning authority use an enforcement notice to require land to be restored to its condition before development took place when it is unaware of the condition of the land before the development took place?
Can a local planning authority use an enforcement notice to require land to be restored to its condition before development took place when it is unaware of the condition of the land before the development took place?
Q&As

Can a right of way be granted in a transfer over a road which is yet to be constructed, with the right of way commencing following the road’s construction?
Can a right of way be granted in a transfer over a road which is yet to be constructed, with the right of way commencing following the road’s construction?
Q&As

Can an agreement under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) be used to impose obligations on a developer to perform works on land that is not the subject of the planning application or must a section 106 agreement relate solely to the land encompassed in the red line of the planning application?
Can an agreement under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) be used to impose obligations on a developer to perform works on land that is not the subject of the planning application or must a section 106 agreement relate solely to the land encompassed in the red line of the planning application?
Q&As

Can section 96A of the Town and Country Planning Act 1990 be used to apply for a non-material amendment to a planning permission where the applicant only has an interest in some but not all of the land?
Can section 96A of the Town and Country Planning Act 1990 be used to apply for a non-material amendment to a planning permission where the applicant only has an interest in some but not all of the land?
Q&As

Does a planning obligation to submit an ecological enhancement scheme for approval need to be formally discharged, or is the submission of the scheme and lapse of the maintenance period enough for the developer to have discharged its obligation and allow it to use the land for other purposes?
Does a planning obligation to submit an ecological enhancement scheme for approval need to be formally discharged, or is the submission of the scheme and lapse of the maintenance period enough for the developer to have discharged its obligation and allow it to use the land for other purposes?
Q&As

If a property was granted an HMO licence but has since become vacant, and a local authority search reveals that it is subject to an Article 4 direction prohibiting change of use from C3 to an HMO, can the buyer still benefit from the HMO licence on the basis that the property has been vacant post the Article 4 direction?
If a property was granted an HMO licence but has since become vacant, and a local authority search reveals that it is subject to an Article 4 direction prohibiting change of use from C3 to an HMO, can the buyer still benefit from the HMO licence on the basis that the property has been vacant post the Article 4 direction?
Q&As

If a watercourse is a natural watercourse and there is no evidence to the contrary to rebut the presumption of ownership of the bed and sub-soil to the middle of the watercourse, can a joint riparian owner lay an outfall pipe extending into the watercourse and drain into the watercourse? If the presumption does not apply because there is evidence to the contrary can a riparian owner lay an outfall pipe and drain into a natural watercourse? What would the position be if the watercourse is an artificial watercourse?
If a watercourse is a natural watercourse and there is no evidence to the contrary to rebut the presumption of ownership of the bed and sub-soil to the middle of the watercourse, can a joint riparian owner lay an outfall pipe extending into the watercourse and drain into the watercourse? If the presumption does not apply because there is evidence to the contrary can a riparian owner lay an outfall pipe and drain into a natural watercourse? What would the position be if the watercourse is an artificial watercourse?
Q&As

Is the only mechanism to approve a footpath closure under section 14 of the Road Traffic Regulation Act 1984 (RTRA 1984) for longer than six months to apply to the Secretary of State for an extension under RTRA 1984, s 15(5)? Can a further order be made on expiry of the the initial order?
Is the only mechanism to approve a footpath closure under section 14 of the Road Traffic Regulation Act 1984 (RTRA 1984) for longer than six months to apply to the Secretary of State for an extension under RTRA 1984, s 15(5)? Can a further order be made on expiry of the the initial order?
Q&As

Once land which previously formed part of the public highway is stopped up, can the owner of the land either side of the former highway apply for first registration under the ad medium filum rule? The local authority does not have title to it.
Once land which previously formed part of the public highway is stopped up, can the owner of the land either side of the former highway apply for first registration under the ad medium filum rule? The local authority does not have title to it.
Q&As

Under section 285(2) of the Town and Country Planning Act 1990 (TCPA 1990), is non-service of a copy of an enforcement notice enough to demonstrate that an enforcement notice is invalid, or is non-service simply a gateway to enable a challenge of the validity of an enforcement notice on other grounds? Which of the grounds in the TCPA 1990, s 174 can lead to invalidity?
Under section 285(2) of the Town and Country Planning Act 1990 (TCPA 1990), is non-service of a copy of an enforcement notice enough to demonstrate that an enforcement notice is invalid, or is non-service simply a gateway to enable a challenge of the validity of an enforcement notice on other grounds? Which of the grounds in the TCPA 1990, s 174 can lead to invalidity?
Q&As

What is the effect on a lease that defines a permitted use as B1, B2 and B8 of the Town and Country Planning (Use Classes) Order 1987 as at the date the lease is granted and the lease was granted in 2022? Does this mean that B1 use will be excluded, while B2 and B8 use are permitted?
What is the effect on a lease that defines a permitted use as B1, B2 and B8 of the Town and Country Planning (Use Classes) Order 1987 as at the date the lease is granted and the lease was granted in 2022? Does this mean that B1 use will be excluded, while B2 and B8 use are permitted?
Q&As

What is your template for discharging a section 106 agreement (or parts of it) by agreement with a local planning authority? Is there a time period applicable to the discharge of obligations under section 106 of the Town and Country Planning Act 1990 in Wales?
What is your template for discharging a section 106 agreement (or parts of it) by agreement with a local planning authority? Is there a time period applicable to the discharge of obligations under section 106 of the Town and Country Planning Act 1990 in Wales?
Q&As

When a planning committee refuses an application for planning permission and that refusal is subject to an appeal or judicial review, can the local planning authority settle either an appeal or a judicial review in advance and if so would any settlement need to be agreed with the planning committee or its chairman?
When a planning committee refuses an application for planning permission and that refusal is subject to an appeal or judicial review, can the local planning authority settle either an appeal or a judicial review in advance and if so would any settlement need to be agreed with the planning committee or its chairman?
Q&As

Where a deed of easement is being granted by a tenant under a lease and the lease was not registerable (being less than seven years), can a deed of easement still be entered into with the tenant?
Where a deed of easement is being granted by a tenant under a lease and the lease was not registerable (being less than seven years), can a deed of easement still be entered into with the tenant?
Q&As

Where a planning permission (and in this case listed building consent) has been validly implemented by the owner of a property and the owner is now selling the property, is the buyer under an obligation to complete the works required by the implemented planning permission (and in this case listed building consent)?
Where a planning permission (and in this case listed building consent) has been validly implemented by the owner of a property and the owner is now selling the property, is the buyer under an obligation to complete the works required by the implemented planning permission (and in this case listed building consent)?
Q&As

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