A lawful development certificate (LDC) is a certificate issued by a local planning authority (LPA) under either section 191 or 192 of the Town and Country Planning Act 1990 (TCPA 1990) certifying either that: • an existing use of buildings or land, or some operational development, or any other matter constituting a breach of a planning permission, is lawful, or • a proposed use of buildings or other land, or some operations proposed to be

This Q&A does not cover the Practice Note: Repealed powers to control behaviour under the Anti-social behaviour Act 2003 [Archived] including exclusion orders and/or powers of arrest which were available where there was: the use or threatened use of violence, or significant risk of harm to a relevant person under Housing Act 1996 (HA 1996) provisions repealed by section 181 of the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) (ABCPA 2014, Sch 11, Pt 1, para 22). Civil injunctions The Civil Courts have jurisdiction, which is sometimes quasi-criminal in nature, to administer proceedings relating to anti-social behaviour and harassment. Part 65 of the Civil Procedure Rules 1988 (CPR 65) governs procedure in relation to (inter alia): • injunctions under the HA 1996 against anti-social behaviour, and • applications by local authorities under the Anti-social Behaviour Act 2003 or the Police and Justice Act 2006 for a power of arrest to be attached to an injunction For

This Q&A discusses whether or not a clause in a contract between A and B that prohibits B from assigning the contract (ie a non-assignment clause) is effective also to prevent B from creating a charge or other security interest over that contract. For an explanation of how to take security over contracts and receivables due under contracts (where this issue arises often), see Practice Notes: Assignments by way of security, Taking security over contractual rights and Taking security over receivables. Summary The scope and effect of a non-assignment clause is a matter of the proper construction of that clause and the normal rules of construction will apply (Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd ) (National Bank of Abu Dhabi PJSC v BP Oil Limited) Whether a clause prohibits charges or other forms of security depends upon the words used and interpreting the contract as a whole, including the non-assignment itself. Prohibitions against assignment

Generally, see Practice Note: Privilege—loss or waiver of privilege, which looks at loss of privilege in civil litigation in the context of legal professional privilege (LPP). It considers the concept of giving up privilege, different ways in which LPP, encompassing legal advice privilege and litigation privilege, can be lost or waived and who can lose or waive the privilege. The following sections may be particularly useful: ‘Implied waiver’ and ‘Collateral waiver’. In considering whether privilege in the document could be lost or not, see the following authorities: • ACD (Landscape Architects)

The existence of a termination provision in a deed of easement does not preclude the easement from being legal, nor does it automatically render it equitable or a licence. The easement's legal status depends on compliance with the formal requirements for creation and registration and the termination provision must be consistent with the nature of an easement. A legal easement may be granted for a term

A variation to a lease that has the effect of extending the length of a term of years or increasing the extent of the demise takes effect as a surrender and regrant by operation of law. This is often a trap for the unwary and may give rise to various unintended consequences, such as the new lease not being excluded from the provisions of Part II of the Landlord and Tenant Act 1954 or the incurring of stamp duty

A legal easement may be granted for a term of years absolute and may be brought to an end in accordance with the terms of the grant (an easement

Here the objective is not to create an easement; rather, to grant a licence or permission to the current dominant owner to have a right of way which terminates when they leave. Such a licence is a contractual arrangement between the original parties. The question draws a distinction between a licence and a personal right of way created by deed. In

A power of attorney is a written legal authorisation allowing B (an individual or other legal person) to act on behalf of A (likewise, either an individual or other legal person). B is then able to enter into contracts, sign documents and carry out other acts on behalf of A without A being present, and such acts are treated as being the acts of A. For general information on powers, see Pratice Note: Contents of Wills—powers of appointment. There are a number of different species of powers of attorney. For the long-term delegation of a power of attorney, a lasting power of attorney (either over property and financial affairs, or over health and welfare) can be granted, and, subject to the necessary formalities, continues to have effect if A loses capacity. Such a power can therefore be extremely useful if there is a risk that capacity will be lost. An

This Q&A raises the nature of a tenancy as an interest in land and the terms to which it can be subject. In Street v Mountford, Lord Templeman stated that ‘the only intention which is relevant is the intention demonstrated by the agreement to grant exclusive possession for a term at a rent’. Strictly, his reference to a term was obiter as it was not an issue which was in dispute in that case. That issue came before the House of Lords in Prudential Assurance Co Ltd v London Residuary Body. In that case, land was the subject of lease by a local authority which purported to grant it at an annual rent of £30 subject to a provision that it would come to an end until that body required it back for road widening purposes. The House of Lords decided that a lease of

By way of background, Chapter 1, Part 3 of the Immigration Act 2014 (IA 2014) contains provisions which prohibit the letting of residential premises to ‘disqualified persons’ (the ‘right to rent’ scheme). More particularly, under IA 2014, s 22(1), a landlord must not authorise an adult to occupy premises under a residential tenancy agreement if the adult is disqualified as a result of their immigration status (ie if they require leave to enter or remain in the UK but do not have it, or have leave subject to a condition preventing them from occupying the premises). However, it should be noted that, even if a landlord fails to comply with the statutory

It is a long established principle of law that for an easement to exist, there must be both a dominant and servient tenement. This is often described as it being impossible for there to be an ‘easement in gross’. In the case of London & Blenheim Estates Ltd v Ladbroke Retail Parks Ltd, the Court of Appeal emphasised some general principles of the law on easements. The court specifically considered the question of whether an easement could be created where the dominant tenement concerned had yet to be specified. At page [37D] of the report, Peter Gibson LJ stated: ‘I see no reason to doubt that a contract to create a legal estate in favour of an unidentified person to be nominated by a contracting party