The following Planning practice note provides comprehensive and up to date legal information covering:
Under national planning policy in the National Planning Policy Framework (NPPF), to support the re-use of brownfield land, where vacant buildings are being re-used or redeveloped, any affordable housing contribution due on the redevelopment should be reduced by an amount proportionate to the existing buildings. This is known as the vacant building credit.
The vacant building credit was introduced on 28 November 2014 in a written ministerial statement, alongside an exemption from affordable housing requirements for small sites. The written ministerial statement in respect of the vacant building credit set out that:
‘A financial credit, equivalent to the existing gross floorspace of any vacant buildings brought back into any lawful use or demolished for redevelopment, should be deducted from the calculation of any affordable housing contributions sought from relevant development schemes. This will not however apply to vacant buildings which have been abandoned.’
The vacant building credit and affordable housing exemption were subsequently incorporated into the Planning Practice Guidance (PPG).
However, in July 2015, the High Court ruled that the affordable housing exemption was unlawful, which prompted the withdrawal and removal of both the exemption and vacant building credit from the PPG. In May 2016, the Court of Appeal in Secretary of State for Communities and Local Government v West Berkshire
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Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden conduct needs to be proved. For example, an accused is guilty of dangerous driving if they drove a motor vehicle dangerously on a road or other public
What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary of State for
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