Winckworth Sherwood

This Practice Note deals with the determination of the terms of a renewal lease by the court under the sections 32–34 of the Landlord and Tenant Act 1954 (LTA 1954), in the event that the parties cannot reach agreement, in respect of the premises, length of term, the rent payable, and other terms including improvements, rent review break options, guarantors, repairs, reinstatement and alterations, service charges and rent deposits.

This Q&A considers whether local planning authorities are required to publish draft versions of section 106 agreements on their planning registers.

This Q&A looks at whether a statutory undertaker with powers of compulsory acquisition can use issue a notice under section 172 of the Housing and Planning Act 2016 to enter and survey land in the following scenarios: in advance of starting any compulsory purchase proceedings, or in a scenario where future compulsory purchase of the land is not at all envisaged

This Q&A considers whether a vehicular (car or van) use can be exercised over a public bridleway by the landowner and their visitors, contractors and other invitees or whether the use is limited to only horses, carts, cyclists and pedestrians.

This Q&A considers the powers and duties of a local authority to declare a street as highway maintainable at public expense.

This Q&A considers how much detail is required from a Local Authority when requesting an annual fee to protected sites.

This Q&A considers what happens to planning permission, if an application has been granted on the basis of there being imperative reasons of overriding public interest and the grounds of which no longer exist when compensatory measures have been granted.

This Q&A considers whether, if a planning officer has informally indicated that a trench excavated by a developer constitutes commencement of development, the council can refuse a subsequent certificate of lawfulness application because it considers the same trench de minimis and insufficient to trigger commencement.

This Q&A considers general vesting declarations and acquisition by agreement after a compulsory purchase order has been confirmed.

This Q&A considers the level of employment an occupier of an agricultural property must be engaged in.

This Q&A considers whether it is possible for highways drainage to be adopted under an agreement made under section 38 of the Highways Act 1980, to become maintainable at the public expense, and if so whether the highways authority will have rights of access to carry out maintenance and repairs to its drainage on a third party's land.

This Q&A considers whether it is possible to apply for a lawful development certificate for a breach of a planning condition which restricts occupation of an outbuilding as an annex where the condition is also repeated on the listed building consent for the property, or whether the fact that the listed building consent contains the same condition effectively precludes an LDC application being made.

This Q&A discusses the effect of drain transferral to the statutory undertaker pursuant to the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011, SI 2011/1566.

This Checklist sets out which clauses in a lease and other relevant documents should be reviewed to determine whether a right of light exists.