E:Gen – December 2021

Articles

• Community Infrastructure Levy – Mandatory Social Housing relief clarified by the courts
  The recent case of Stonewater Limited v Wealden District Council and the Secretary of State [2021] EWHC 2750 Admin raised a number of interesting points in terms of the approach that Community Infrastructure Levy (CIL) collecting authorities should take when considering to grant social housing relief.
• New 4% Residential Property Developer Tax coming April 2022
  In response to the unsafe cladding crisis, one limb of the government’s five-point plan, the “Building Safety Package”, is to introduce a new tax on residential developers “to ensure developers play their part and make a fair contribution”. The new Residential Property Developer Tax (RPDT) will come into force in April 2022.
• “We have used this path for decades!” Could relying on a prescriptive right of way hinder your development plans?
  Identifying rights of way early on in the development process, and the manner by which they were created, is an important consideration for developers and landowners to reduce the risk of complications or obstacles later down the line.
• Additional Requirement for “Actual Belief” in Payment Notice
  A further complexity in assessing the validity of payment notices has been introduced in the recent TCC case of Downs Road Development LLP v Laxmanbhai Construction (UK) Ltd. It concludes that, in addition to meeting the procedural contractual requirements, employers should have a genuine belief that the sum stated in a payment notice is actually due.
• Energy efficiency is a win-win
  Global climate alignment has been under the microscope in Glasgow and one thing is becoming apparent: the commercial property sector faces change, explains Partner Chris Brigstocke.
• The ESG journey: A roadmap to sustainable finance
  Greening Finance: a Roadmap to Sustainable Investing, the UK government’s new policy paper from HM Treasury, has arrived, providing the UK its map for the next few years, and setting out the next stages of the UK’s ESG journey.