Consequences of termination of a consultant’s appointment 1 Subject to the other provisions of this Agreement and without prejudice to any right of action then accrued to either party on termination the Consultant will be entitled to fees for all

1 Consequential Loss means in relation to a breach of this Agreement, any indirect or consequential

In construction and engineering projects, the financial consequences of a breach of contract may be considerable. For example, if the work is defective or delayed the employer may suffer losses such as remedial costs, wasted costs, loss of profits, loss of business and loss of revenue. Losses caused by a breach of contract are only recoverable if they satisfy the remoteness test set out in Hadley v Baxendale, that is to say, the loss is a direct loss or a consequential (also known as an ‘indirect’) loss. The meanings of these terms are explained further below. It can sometimes be difficult to determine whether a particular loss is a direct loss or a consequential loss, as it will always depend on the particular circumstances. The distinction can be particularly important in construction matters, as many construction contracts limit or exclude liability for consequential loss. For more information on excluding or limiting consequential loss in construction contracts, the care that should be taken when drafting such provisions, and the approach taken in standard form construction

means the land specified in [insert Appendix number], the Biodiversity of which must be conserved, preserved and protected or increased and improved in aggregate by the [Owner, Developer, Contractor, Promoter and any subsequent owners].

This Practice Note explains the offences which may be committed under either the Town and Country Planning Act 1990 (TCPA 1990) or the Planning (Listed Buildings and Conservation Areas) Act 1990 (P(LBCA)A 1990) in respect of unauthorised development in a conservation area in England, the statutory defences to these offences and the sentences which may be imposed following conviction. It also covers how a local planning authority (LPA) may take enforcement action against such unauthorised development. Conservation area offences and enforcement arise primarily as a result of the unauthorised demolition of buildings situated within them. From 4 November 2024, the legislative regime in Wales became separate from that in England—see: Conservation area regime in Wales. Offences Carrying out (or causing or permitting) ‘relevant demolition’ without planning permission constitutes an offence under TCPA 1990, s 196D(1). Failing to comply with the conditions or restrictions imposed by any permission granted for ‘relevant demolition’ is also an offence under TCPA 1990, s 196D(2). ‘Relevant demolition’ is defined in TCPA 1990, s 196D(3) as the demolition

Until 4 November 2024, the planning law on conservation areas in Wales was set out in the Planning (Listed Buildings and Conservation Areas) Act 1990 (P(LBCA)A 1990). The Historic Environment (Wales) Act 2023 (HE(W)A 2023), which came into force on 4 November 2024, consolidated and replaced legislation in relation to the historic environment in Wales, including conservation areas. HE(W)A 2023, Pt 4 sets out the statutory requirements relating to conservation areas in Wales. For information on the conservation area enforcement and criminal liability regime in England, see Practice Note: Conservation area enforcement and criminal liability regime in England. Note that the case law in this Practice Note relates to P(LBCA)A 1990 as it applied in Wales before the coming into force of HE(W)A 2023. Whether it remains relevant to the interpretation of the replacement provisions under HE(W)A 2023 will need to be clarified in future case law, particularly where the wording of particular duties and requirements has been changed. HE(W)A 2023, s 163 provides that HE(W)A 2023, Pt 3 applies to conservation

What are conservation areas? Conservation areas are parts of localities designated under the Planning (Listed Buildings and Conservation Areas) Act 1990 (P(LBCA)A 1990) as areas of special architectural or historic interest, the character or appearance of which is desirable to preserve or enhance. The management of conservation areas gives local planning authorities (LPAs) a tool to protect parts of a locality on an area-wide basis assessed on the special architectural or historic interest of the buildings located in that locality. The conservation area regime offers broader protection than listing individual buildings, although the restrictions tend to be less onerous and prescriptive. The purpose of designation is to ensure that the character of an area is not diminished by certain development. Planning controls are therefore stricter in conservation areas than outside them. Designation of conservation areas Power to designate conservation areas LPAs are primarily responsible for designating conservation areas. They are, pursuant to P(LBCA)A 1990, s 69(1), under a duty ‘from time to time’ to determine which parts of their administrative area are areas ‘of special architectural

What are conservation areas? A conservation area is an area of special architectural or historic interest whose character or appearance it is desirable to preserve or enhance. The management of conservation areas gives local planning authorities (LPAs) a tool to protect parts of a locality on an area-wide basis assessed on the special architectural or historic interest of the buildings located in that locality. The conservation area regime offers broader protection than listing individual buildings, although the restrictions tend to be less onerous and prescriptive. The purpose of designation is to ensure that the character of an area is not diminished by certain development. Planning controls are therefore stricter in conservation areas than outside them. Legislation, policy and guidance Until 4 November 2024, the planning law on conservation areas in Wales was set out in the Planning (Listed Buildings and Conservation Areas) Act 1990 (P(LBCA)A 1990). The Historic Environment (Wales) Act 2023 (HE(W)A 2023), which came into force on 4 November 2024, consolidated and replaced legislation in relation to the historic environment in Wales, including conservation

This is the first draft of a precedent conservation covenant agreement, to be made under section 117 of the Environment Act 2021 (EA 2021). It is subject to ongoing revisions and amendments as more guidance on conservation covenants is issued, and as conservation covenant agreements start being entered into. It provides ‘bare bones’ drafting incorporating the EA 2021 requirements for conservation covenant agreements, alongside drafting notes explaining the scope of covenants, and other potential permutations of the agreement. It should be seen as a starting point for preparing a conservation covenant agreement. AGREEMENT relating to Sections 117 and 118 of the Environment Act 2021 in relation to the [conservation, protection, restoration and/or enhancement] for the public good of [the natural environment of land at [insert address ] OR the natural resources of land at [insert address] OR land at [insert address] as a place of archaeological, architectural, artistic, cultural or historic interest OR the setting of land at [insert address] with a natural environment/natural resources/which is a place of archaeological, artistic, cultural or historic interest] This Agreement is

What are conservation covenants? As a concept, conservation covenants are private, voluntary agreements between a landowner and responsible body, such as a conservation charity or public body. They provide for conservation of the natural environment and heritage assets for the public good. They set out obligations in respect of the land they relate to, and bind current and subsequent owners of the land, so have the potential to deliver long-lasting conservation benefits. An oft-cited example is that of a farmer agreeing to maintain a piece of woodland, allowing public access, overseen by a local woodland charity. Conservation covenants are seen to complement statutory or policy-based conservation designations, such as Sites of Special Scientific Interest or National Parks, providing a means of privately protecting land which has conservation value, but which does not fall within the public system of land designation. Part 7 of the Environment Act 2021 (EA 2021) deals with conservation covenants. The Department for Environment, Food & Rural Affairs (Defra) has published guidance on getting and using a conservation covenant agreement (the Defra Guidance). Conservation

The leader of the opposition, Kemi Badenoch, has announced the launch of a Lawfare Commission to examine the UK's legal system and relationship with international treaties, particularly the European Convention on Human Rights (ECHR). The Commission, led by Lord Wolfson KC and Helen Grant, has been tasked with formulating a plan for the UK to withdraw from the ECHR.

The Conservative and Unionist Party has published its manifesto for the General Election set to take place on 4 July 2024. The manifesto contains a number of announcements and policies for working people which the Conservatives intend to introduce if they are re-elected. This news piece contains a summary of the key points.