Refine By
Clear all filter
About 91203 results for "*"
PRACTICE NOTES
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
PRACTICE NOTES
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
PRACTICE NOTES
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
PRECEDENTS
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
PRACTICE NOTES
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
NEWS
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.
NEWS
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.
NEWS
The Conservative party has published its manifesto for the General Election set to take place on 4 July 2024. The manifesto contains announcements and policies on pensions which the Conservatives intend to maintain/introduce if it wins the election. This news piece contains a short summary of the key points.
NEWS
The Conservative 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 centred around immigration and asylum which the party intends to introduce/continue with if it wins the election. This news piece contains a summary of those key points.
NEWS
The leader of the Conservative party, Kemi Badenoch MP, announced at the party conference on 5 October 2025 that the next Conservative election manifesto will contain a commitment to leave the European Convention on Human Rights (ECHR) and repeal the Human Rights Act 1998. This follows the completion of an advice document by the Shadow Attorney General, Lord Wolfson, which looked at whether remaining signed up to the Convention would constrain a future Conservative government in the following areas: making a ‘stringent’ border policy possible; protecting soldiers from ‘vexatious’ legal claims, especially over Northern Ireland and overseas operations; placing blanket restrictions on foreign nationals in terms of social housing and benefits; setting mandatory sentences for serious crimes and banning ‘disruptive’ protests; and delivering infrastructure and energy projects without extensive human rights and climate-based litigation. In his separate address to the conference, the Shadow Home Secretary, Chris Philp MP, asserted that current judicial interpretations of the ECHR impede effective border control and the deportation of foreign offenders. He also announced that, following withdrawal, the party proposed to legislate for a Borders plan that would prohibit all asylum and other claims made by those entering the UK unlawfully, including those arriving by small boats. Such individuals would be removed immediately to their country of origin, or, where that is not possible, to a designated safe third country such as Rwanda, within one week of arrival.
NEWS
The leader of the Conservative party, Kemi Badenoch, has announced that the party proposes the repeal of the Public Sector Equality Duty (PSED) under the Equality Act 2010 (EA 2010), section 149. Badenoch said that public bodies have become overly influenced by identity politics, which she believes has led to failures in fulfilling their core functions. Badenoch said a Conservative government would repeal the PSED in its entirety while retaining EA 2010's substantive anti-discrimination protections. The party also published  legal analysis from Andrew Dinsmore, barrister at Twenty Essex.
GLOSSARY
Consideration is a key ingredient for an enforceable contract. It is concerned with what one party is giving or promises in exchange for what the other party is giving or exchanging. Consideration can be executory or executed and must be given by both parties to the agreement. Executory consideration is where the exchange takes place in the future; executed consideration is where the exchange takes place at the earliest when the promise becomes binding.