Winckworth Sherwood E:Gen Newsletter

Hands regenerating plant image

Welcome to the September 2011 issue of E:Gen, Winckworth Sherwood's legal update covering legal tips, topics and issues in regeneration and development.

If there are any particular issues that you feel should be covered, please do contact a member of our development and regeneration teams and we will try to include these in future editions.

As ever, if you would like to discuss any points from the articles in this month's edition, please feel free to contact a member of our team.

This Month's Articles

Modification of Restrictive Covenants – developers beware

In a 2011 Lands Tribunal case Wimpey Homes and Gloucester Housing Association failed in their application to modify a restrictive covenant preventing development of a site for which planning permission had been obtained and on which works had already been started. Wimpey's deliberate strategy of forcing through the development, despite numerous objections from the beneficiaries of the covenant, was roundly criticised by the Tribunal.

Read more→

The New Construction Act - a summary of key changes

After much consultation and debate all construction contracts entered into after 1st October 2011 will be subject to a new regime for the adjudication, payment and suspension provisions brought about by Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (the "Act").

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Limits on Rescission Rights?
The recent court of appeal case of BDW Trading Limited (t/a Barratt North London) and JM Rowe (Investments) Limited [2011] EWCA Civ 548 considered the ability of a developer to rescind a contract where the contract excluded the right to rescind if the developer was in breach of a specified clause.

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Standardising Sewers –
all you need to know
Under the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011 ("Regulations"), all lateral drains and sewers which were connected to the public sewerage system prior to 1 July 2011 and serve two or more dwellings will be automatically transferred to the local water and sewerage companies ("Wasc") on 1st October 2011. Pumping stations will transfer to the Wasc five years later, on 1 October 2016.

Read more→

National Planning Policy Framework Briefing
The Winckworth Sherwood Environmental Planning Team have put together a short, practical briefing on the Government's recently published National Planning Policy Framework. We have aimed to highlight exactly how these new developments will affect your business and key points to note for your future planning projects.

Read our NPPF briefing→

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