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NEWS
Planning analysis: In Tottenham Hotspur v Haringey LBC, the court had to consider a claim that a planning decision to permit a large new residential development in North London had been made unlawfully. The judge considered the threshold for a lawful assessment of the heritage impact of a development scheme, and the lawfulness of the use of a section 106 agreement and planning conditions to address crowd safety obligations. This judgment reiterates the importance of benefits to the local area in the decision-making process of large-scale development applications and restates the legal principles underpinning lawful decision-making by local planning authorities (LPAs). Written by Sarah Fitzpatrick, partner and head of Planning and Rebecca Bell, trainee solicitor at Norton Rose Fulbright.
NEWS
Planning analysis: On 28 May 2025, Defra launched a consultation aiming to refine the biodiversity net gain (BNG) framework to better accommodate minor, medium, and brownfield developments. This analysis considers the key aspects of the proposals as well as how these balance environmental protection and economic development.
NEWS
Tower Hamlets Council has announced that it, together with Hackney and Lewisham councils, has launched a legal challenge against the Mayor of London's planned reduction of the affordable housing requirement in the London Plan from 35% to 20%. The claim, which is supported by Lambeth, Southwark, Waltham Forest and Haringey councils, has been filed with the High Court and served on the Greater London Authority.
NEWS
The Local Government & Social Care Ombudsman has reported that Tower Hamlets council left a pregnant homeless woman in an unfurnished flat far from her support network for three months after the woman had approached the council for help. Following the woman's complaint to the ombudsman, the council agreed to pay her a discretionary housing payment to cover the shortfall in her rent until January 2020, and to refund the deposit she paid for her private rental accommodation. The ombudsman criticised the council for not doing enough to prevent the woman’s homelessness, and for failing to regularly review her circumstances, among other things.
GLOSSARY
Land used by local people for lawful sports and pastimes ‘as of right’ (ie without permission, force or secrecy) for at least 20 years. TVGs may restrict or prevent development and it is a criminal offence to disturb or interfere with the use or enjoyment of a TVG.
PRACTICE NOTES
Registration authorities Applications for registration of a town and village green (TVG) are made to the registration authority for the area of land which is the subject of the TVG. This is usually the county council, unitary authority metropolitan district council or London borough. If the land comes under the jurisdiction of more than one registration authority, the application should be made to the authority within whose area the majority of the land lies. Legislation and guidance Legislation Section 15 of the Commons Act 2006 (CoA 2006) sets out the statutory criteria for registration (see Practice Note: What is a town or village green?—Statutory requirements for registration). The Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007, SI 2007/457 (the English CR Regulations) govern the procedure on applications for most of England, although applications for pioneer registration authorities in England are governed by the Commons Registration (England) Regulations 2014, SI 2014/3038 (the 2014 Regulations). The pioneer registration authorities in England are: • Blackburn with Darwen Borough Council
PRACTICE NOTES
This Practice Note deals with amendments to the register of town and village greens (TVGs) by way of correction, rectification and deregistration in England and Wales, in both the pioneer and non-pioneer areas. References are also made to commons where this is analogous to the position for TVGs or otherwise relevant. Nonetheless, care is required to recognise where there are significant differences between village greens and commons. For guidance on: • what constitutes a TVG and the statutory criteria for registration, see Practice Note: What is a town or village green? • the procedural requirements for making an application to register a TVG, see Practice Note: Town and village greens—making an application to register a TVG • the impact of TVGs on development, see Practice Note: Town or village greens—property development • the creation and registration of common land, see Practice Note: Creation and registration of common land As addressed below, the requirement for registration of land as a TVG was introduced by the Commons Registration Act 1965
NEWS
A council employee has been convicted and fined £400 by the Information Commissioner's Office (ICO) for illegally altering records with intent to prevent disclosure under the Freedom of Information Act 2000 (FIA 2000)—the first successful prosecution under FIA 2000, s 77.
PRACTICE NOTES
Registration of land as a town or village green (TVG) can prevent its development and greatly restrict its use. Applications for registration of land as a TVG, even if ultimately unsuccessful, can delay and cast doubt on the delivery of development. Conscious of the implications of this on development, the government has brought into force restrictions on applications for registration where planning permission for development is applied for or the land is or allocated in development plans. These restrictions assist developers, but the dangers of TVG registration for land owners and developers still need to be taken into account. Additionally, objectors often employ additional or alternative mechanisms to impede development. This Practice Note provides guidance for property buyers/developers in relation to TVGs. It covers: • the test for registration of land as a TVG • the effect of registration of land as a TVG • use of applications by objectors to prevent, deter or slow down development • statutory bar on applications • checking status of land and avoiding registration For guidance on: • what
NEWS
Law360, London: An EU court on 9 July 2025 rejected a toy company's attempt to rekindle its 3D Rubik's Cube trade mark on the grounds that its shape is entirely functional.
NEWS
Law360: A manufacturer of collectible cuddly toys has accused Aldi of selling a rip-off of its dragon teddy design in its stores in Britain.
GLOSSARY
The process of identifying a new asset as the substitute for the old trust asset.