Insolvency practitioners (IPs) may be appointed over land (either directly, eg in the case of a fixed charge receivership or over a company which owns land, eg in administration) that is affected by planning law. Land that is burdened by planning issues may create the following issues for an IP:
the costs of an insolvency process may be increased, for example, in the process of securing planning permissions, meeting planning obligations or paying fines for non-compliance, some of which may be payable as super-priority costs out of the estate, and
the value of the land affected by planning obligations or subject to potential enforcement action or the subject of potential compulsory purchase may be reduced
Planning issues may arise in relation to land over which an IP is appointed in the following situations:
the land may have been previously developed and is therefore likely to be burdened by planning...
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
**Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisNexis services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
This week’s edition of Planning weekly highlights includes guidance on the Nature Restoration Fund and the nature restoration levy, a High Court...
The Ministry of Housing, Communities and Local Government (MHCLG) has published a collection of guidance, toolkits, practical resources and case...
Planning analysis: On 1 September 2026, the Department for Environment, Food and Rural Affairs, the Ministry of Housing, Communities and Local...
The Ministry of Housing, Communities and Local Government (MHCLG) has published frequently asked questions (FAQs) on Approved Document L: energy and...
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some point
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
0330 161 1234