Abstracts » Real estate industry

In need of clarification

Article Abstract:

The UK government announced on Feb 11, 1999, that new retail and leisure developments will now be required to satisfy the test of need. This decision will act as a further barrier to edge-of-centre and out-of-town retail and leisure developments, and it appears that many will not be able to obtain planning permission. The government has not detailed how need should be demonstrated, and this could give rise to misguided decision-making. It would be advisable for the government to amend PPG6 to introduce specific reference to this new policy.

Store Buildings, Commercial and Institutional Building Construction, Nonresidential construction, not elsewhere classified, Store construction, City planning, Urban planning

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Agricultural occupancy issues

Article Abstract:

In rural areas local authorities often place planning restrictions on developments to ensure that new dwellings used in connection with agricultural occupancy are not sold on the open market at a later date. Some house owners governed by these conditions have tried to have them removed through recourse to the courts, but few have succeeded. The case of Handoll v Warner Goodman & Streat, with its significant implications for agricultural occupancy conditions and limitations, is studied and analysed.

Interpretation and construction, Agricultural industry, Agricultural law, Rural land use

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In need of clarification

Article Abstract:

The case of Tesco Stores v Secretary of State for the Environment, Transport and the Regions is as an example of confusion that has arisen from a change in UK planning policy for retail development. This case clarifies an ambiguity that arises between the Jun 1996 version of PPG 6 and the ministerial statement of Feb 1999.

Cases, Real estate industry

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