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As Mary Portas squares up to David Cameron over planning reform and its effects on town centres, Mr Pickles should note that it is not planning which is holding up town centre developments but the credit crunch. It is rare to see those “well heeled solicitors” he refers to fighting over town centre schemes, unless it involves competition between the likes of Sainsbury and Tesco as at Wolverhampton.
Even so, in one sense the Government is right; more councils need to engage in the process of positive planning rather than being on the defensive against the supermarkets, which is what will happen once the National Planning Policy Framework comes into place early next year. However Mary has a point and I believe that in respect of retail planning a transition period is required to enable councils to move swiftly to put new plans and policies into place for town centres.
Break rights have proved a fertile source of litigation over the last few years. More often than not, tenants have found themselves on the wrong end of the decisions. However, a Court of Appeal decision yesterday has bucked that trend.
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One of the requirements for tenants to contract out of the security of tenure regime contained in the Landlord and Tenant Act 1954 is that they make a simple or statutory declaration before entering into the lease.
Landlords should reconsider summary judgment if a Part 26A restructuring plan is pending.
A landlord’s claim for summary judgment to recover rent and service charge arrears accrued since the start of the pandemic against a non-essential retailer succeeded. Like London buses, a second such case has followed hot on its heels.
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