Kate Jardine

Some thoughts in the article below on the draft NPPF and consultation document was published last week. It's one of a series of articles corresponding to the three pillars (stability, investment and reform) that the consultation refers to as being key catalysts for the growth the Labour administration is seeking to deliver through the planning system. My colleagues Will Thomas (stability) and Karen Howe (reform) have prepared the other articles in the series and all three can be accessed below: https://lnkd.in/eueBvnRs https://lnkd.in/eGNZTCrT https://lnkd.in/eBPAdrxa #NPPF #Planning #Living #EnergyandInfrastructure

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In July, the King announced the Government’s upcoming Planning and Infrastructure Bill, aimed at accelerating the delivery of high-quality infrastructure and housing. With the recent publication of the NPPF consultation, we now have more insights into what this transformative bill may include. https://ow.ly/kSUK50TpK0w #NPPF #Planning #Infrastructure #UKhousing

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See Stephen Cirell's and my latest #GreenSteves article right here. More and more #localauthorities are delivering #solarfarms. That said, it's still farm from the norm. Want to know more? You can read our latest article below #solar

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Breaking News: The Construction Act Does Not Apply to Collateral Warranties   This morning the UK Supreme Court held that Part II of the Housing Grants, Construction and Regeneration Act 1996 does not apply to ancillary contracts such as collateral warranties: https://lnkd.in/emMvkDne. The reason is that the obligor (e.g. the contractor) does not undertake pursuant to the warranty to carry out “construction operations”. The obligor simply gives a warranty to a person (e.g. a tenant) that the work it has performed or will perform under a separate contract (i.e. the relevant building contract) will comply with that contract. The Supreme Court’s decision has therefore cleared up one of the more mysterious aspects of the Construction Act’s scope.   The collateral warranty in this case was provided by a contractor pursuant to a JCT 2011 form, for the construction of a care home in north London (the one in the photo, below). Building defects (concerning fire safety – post-Grenfell) appeared a few years later, and the beneficiary of the collateral warranty brought an adjudication against the contractor to recover the cost of fixing the defects. The main question issue in the case became whether the Construction Act applied to the collateral warranty itself, so as to permit an adjudication to take place. The Supreme Court’s negative answer to that question brings helpful clarity to the scope of the Act’s operation, but it also highlights an underlying tension in the legislation.   The tension arises from the Act’s near-unbounded approach to adjudication under construction contracts. Adjudication may take place at any time – sometimes years after the project in question is finished. The adjudication may be about any kind of dispute arising under the construction contract – including in relation to building defects, professional negligence, or other matters which are unrelated to maintaining the cash flow of those who perform the work in question (contractors, subcontractors etc). Other jurisdictions in the world have overwhelmingly adopted a more limited approach: adjudications may only be about payment disputes, and they may only be brought within limited time periods. It is unlikely that reforming the UK’s Construction Act will be top of the new government’s agenda, but giving serious consideration to the more targeted adjudication legislation in other jurisdictions will undoubtedly be a worthwhile exercise. 

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Undertakings are an established feature of the legal landscape. The courts have recognised them as vital in conveyancing transactions and of much wider application. Richard Senior has undertaken a review of the law relating to lawyers’ undertakings. #professionalindemnity #undertakings #conveyancing

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