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Residential Property Updates

Help to Buy Scheme

Author: Catherine Rosewell

Alastair Dunnett of Veitch Penny gives his views on the Help to Buy Scheme and points that have not been mentioned in the publicity the Scheme has been given

Help to Buy Scheme

Alastair Dunnett of Veitch Penny gives his views on some points that have not been mentioned in the publicity the scheme has been given.

Basketball Court Curfew Lifted

Published on: 26 February 2014 | in categories: Legal Updates | Residential Property Updates | News and Updates

A woman who says that she has been plagued for years by anti-social behaviour and noise emanating from a basketball court next to her home has failed to convince the High Court that it was irrational of planners to allow the facility’s use at all hours of the day and night.

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Modern Homes Need Modern Utilities

Published on: 20 February 2014 | in categories: Legal Updates | Residential Property Updates | News and Updates

Modern Homes Need Modern Utilities

In a case which makes clear that, in the modern age, a household’s access to gas, electricity, water and other utilities is not a luxury but a necessity, the Court of Appeal has implied an easement into a sale agreement enabling excavation works in order to bring what many might view as the essentials of life to a newly-built home.

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Court Defines ‘Self-Contained Living Accommodation’

Published on: 16 February 2014 | in categories: Legal Updates | Residential Property Updates | News and Updates

Court Defines ‘Self-Contained Living Accommodation’

In the context of Council Tax, the High Court has emphasised that it is the physical characteristics of premises, not the intention of their owners, that is decisive when it comes to assessing whether they constitute self-contained living accommodation.

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Affordable Homes Trumped By Housing Need

Published on: 12 February 2014 | in categories: Legal Updates | Residential Property Updates | News and Updates

Affordable Homes Trumped By Housing Need

In an important decision for developers, a planning inspector’s decision that the lack of affordable homes in the City of York was trumped by the even more acute need for a greater supply of housing land has been upheld by the High Court.

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Are you a home owner or property developer?

Author: Catherine Rosewell

Warning for homeowners who can be viewed as property developers

Are you a home owner or property developer?

The case of Niklas Zennstrom & another –v- Kevin Faggot & others serves as a warning to homeowners who undertake redevelopment work to a property and then sell it on at a profit.

Supreme Court Rules on Town or Village Greens

Published on: 05 February 2014 | in categories: Legal Updates | Residential Property Updates | News and Updates

Supreme Court Rules on Town or Village Greens

Property developers whose plans are frequently thwarted by registration of land as a town or village green can take encouragement from a Supreme Court decision which significantly eases the path to rectification if such registrations are wrongly granted.

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‘Pub Protection’ Policy Under High Court Spotlight

Published on: 21 January 2014 | in categories: Legal Updates | Residential Property Updates | News and Updates

‘Pub Protection’ Policy Under High Court Spotlight

As pubs continue to disappear up and down the country, one London council has taken a stand at the High Court. The London Borough of Islington is asking the Court to quash a planning inspector’s decision to approve demolition of the ‘Good Intent’ pub and its replacement by six three-storey town houses.

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One Home Can Have Two Front Doors, Tribunal Rules

Published on: 16 January 2014 | in categories: Legal Updates | Residential Property Updates | News and Updates

One Home Can Have Two Front Doors, Tribunal Rules

In a case which makes plain that a single home may have two front doors, the Upper Tribunal (UT) has ruled that it is legally possible for adjoining properties occupied by one large family to be viewed as a single dwelling house.

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New Flood Maps Now Online

Published on: 09 January 2014 | in categories: Legal Updates | Residential Property Updates | News and Updates

New Flood Maps Now Online

The commencement of the publication by the Environment Agency of flood maps that show the danger of flooding from surface water will be an unwelcome development for homeowners in the areas shown on the maps as 'high' flood risk – where the likelihood of a flood is assessed as being about 1 in 30 each year.

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Avalanche of Office to Home Conversions Imminent

Published on: 08 January 2014 | in categories: Legal Updates | Residential Property Updates | News and Updates

Avalanche of Office to Home Conversions Imminent

London councils who were refused exemptions from a fundamental shift in planning policy – designed to tackle the acute housing shortage by allowing the wholesale conversion of offices into homes without planning consent – have failed to convince the High Court that they were treated unfairly.

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Rugby Club’s Ambitious Development Plans Approved

Published on: 17 December 2013 | in categories: Legal Updates | Residential Property Updates | News and Updates

Rugby Club’s Ambitious Development Plans Approved

Hereford Rugby Club has had its hopes of entering the sport’s top flight boosted after it defeated a High Court challenge to its ambitious plans to fund a new sports ground on the city's unspoilt edge by enabling the development of 190 new homes.

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Old Apple Tree at Centre of Neighbours' War

Published on: 11 December 2013 | in categories: Legal Updates | Residential Property Updates | News and Updates

Old Apple Tree at Centre of Neighbours' War

In a cautionary tale for homeowners, an immensely costly boundary dispute between neighbours – which centred on, amongst other things, the position of an old apple tree – is set to continue towards a potentially ruinous conclusion after the Court of Appeal pinpointed flaws in the original hearing of the case.

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Problems with your Park Home?

Author: Catherine Rosewell

Problems with your Park Home?

Dealing with a dispute as a Park Home owner may not be as simple as it seems.  Veitch Penny are able to help you with the complex issues including planning, contracts and buying and selling of your mobile home.

Council that Defied Planning Officer Gets Fingers Burned

Published on: 03 December 2013 | in categories: Legal Updates | Residential Property Updates | News and Updates

Council that Defied Planning Officer Gets Fingers Burned

Councillors will need courage to defy their own planning officers’ recommendations after the High Court quashed a controversial planning permission granted for an affordable housing development at a famous Cornish beauty spot.

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Moving house?

Author: Catherine Rosewell

Ever wondered what the process is of selling and buying your home?

Moving house?

Have you ever wondered what the process is when your solicitors take over the legal process of selling and buying your home? This article details the basic stages involved in moving house and will assist you in your move and remove some of the confusion that often surrounds the legal process. At Veitch Penny you can be ensured that you will receive a high quality service conducted by experienced and qualified conveyancers.

Traffic Management Scheme Receives High Court Blessing

Published on: 24 February 2014 | in categories: Legal Updates | Residential Property Updates | News and Updates

Traffic Management Scheme Receives High Court Blessing

In a case which underlined the limits of judicial review, a campaigner who feared that a controversial city traffic management scheme would turn the historic Regency street where he lives into a rat run for buses and heavy lorries has had his complaints of illegality rejected by the High Court.

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Wind Turbines and Heritage Buildings

Published on: 19 February 2014 | in categories: Legal Updates | Residential Property Updates | News and Updates

Wind Turbines and Heritage Buildings

In a case which underlined the special regard that planners must have to the setting of heritage buildings, a local authority has succeeded in its High Court challenge to plans for an 86-metre high wind turbine, which it claimed would spoil the surroundings of prized local monuments.

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Neighbours’ ‘Campaign of Visceral Vilification’

Published on: 13 February 2014 | in categories: Legal Updates | Residential Property Updates | News and Updates

Neighbours’ ‘Campaign of Visceral Vilification’

A couple who waged a ‘campaign of visceral vilification’ against an elderly neighbour who defied them in a dispute over a right of way and a 12-inch-wide strip of garden have been ordered to pay her more than £36,000 in damages for harassment and the five years of nuisance that they caused her.

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Social Housing Rents Set to Increase for Better Off

Published on: 12 February 2014 | in categories: Legal Updates | Residential Property Updates | News and Updates

Social Housing Rents Set to Increase for Better Off

A Government consultation which closed last December has led to proposals that will allow providers of social housing to charge their better-off tenants market rent for their properties.

The proposals are intended to come into effect in April 2015 and will no doubt attract much attention in the run up to the next general election.

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Company Strictly Liable for Environmental Crime

Published on: 10 February 2014 | in categories: Legal Updates | Residential Property Updates | News and Updates

In a case of vital importance to landowners and those involved in handling waste, the Court of Appeal has fixed strict criminal liability on a company – despite its plea that it was unaware that a third party was carrying out unauthorised and environmentally damaging operations on its property.

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Pub Demolition Receives High Court Blessing

Published on: 27 January 2014 | in categories: Legal Updates | Residential Property Updates | News and Updates

A local authority has failed in a High Court challenge which it had hoped would help to stem the increasing tide of public house closures throughout the country. Islington Council had argued that a planning inspector erred when he approved plans for the demolition of the Good Intent pub and its replacement by six three-storey town houses.

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Watch Out for Property Fraudsters!

Published on: 19 January 2014 | in categories: Legal Updates | Residential Property Updates | News and Updates

Watch Out for Property Fraudsters!

In a case which will stand as a stern warning to property investors, one member of a ruthless gang of conmen - who duped people into buying near-worthless plots of land with false promises of rich rewards from lucrative developments - has failed in an appeal against his six-and-a-half-year jail term.

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Legal Professional Privilege Trumps Public’s Right to Know

Published on: 14 January 2014 | in categories: Legal Updates | Residential Property Updates | News and Updates

A local resident’s concerns about a major redevelopment of a Cheshire town threw into sharp perspective the difficult balance that has to be struck between commercial confidentiality, legal professional privilege (LPP) and the public’s ‘right to know’.

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Flat Tenants’ Rights of Self-Determination Boosted

Published on: 08 January 2014 | in categories: Legal Updates | Residential Property Updates | News and Updates

Flat Tenants’ Rights of Self-Determination Boosted

In a significant boost to the rights of flat tenants who want to take control of their own homes, the Upper Tribunal (UT) has ruled that a single ‘Right to Manage’ (RTM) company can validly exercise rights to take over management of more than one building and that separate applications are not required.

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High Court Backs Waste Transfer Station

Published on: 22 December 2013 | in categories: Legal Updates | Residential Property Updates | News and Updates

A couple opposed to plans for a waste transfer station near their Essex home have failed in a High Court challenge to the grant of planning consent. John and Sandra Hockley had asked the Court to quash Essex County Council's decision to grant permission for the facility in Great Dunmow.

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Court Pinpoints ‘Lack of Clarity’ in Planning Policy Framework

Published on: 17 December 2013 | in categories: Legal Updates | Residential Property Updates | News and Updates

Court Pinpoints ‘Lack of Clarity’ in Planning Policy Framework

In a crucial decision for housing developers and planners alike, the Court of Appeal has lamented the fact that the introduction of the Government’s new Planning Policy Framework (PFF) – which was meant to simplify matters by reducing 1,000 pages of policy documents to around 50 – has, in some cases, ‘led to a diminution in clarity’.

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Buying a Park Home?

Author: Catherine Rosewell

Make sure you get the right advice

Buying a Park Home?

While park home living is increasing in popularity in recent years it remains a new concept to many individuals just like with a traditional house it is recommended that the purchase of a park home is conducted via a Solicitor.

Keep Up with the Mortgage – Or See Others Profit

Published on: 08 December 2013 | in categories: Legal Updates | Residential Property Updates | News and Updates

Keep Up with the Mortgage – Or See Others Profit

In a ringing warning to homeowners that failing to keep up with mortgage payments can have agonising consequences, a defaulter who suffered the frustration of seeing his repossessed home sold to a property developer, who turned a substantial profit, has failed to convince the Court of Appeal that he is entitled to legal redress.

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‘Offices to Homes’ Policy Comes Under High Court Fire

Published on: 03 December 2013 | in categories: Legal Updates | Residential Property Updates | News and Updates

‘Offices to Homes’ Policy Comes Under High Court Fire

In a crucial test case for businesses and property professionals, local authorities who say that they were unfairly refused exemptions from controversial changes in planning rules that allowed wholesale conversion of offices into homes have taken their complaints to the High Court.

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