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April 2022
Property & Planning Bulletin
With Covid restrictions eased, we are seeing more and more people returning to the workplace and events are in full swing. We will be hosting our first in person event, with our legendary bacon rolls, on Thursday 5 May in our Gatwick office and look forward to seeing all of those who can attend.

The topic on everyone's lips at the moment is water neutrality. With many planning applications held up and developers unable to continue with certain projects in the South East, our Planning team are finding themselves working with clients and Councils to get things moving again.

DMH Stallard are expanding their offering across Brighton and Hassocks with our merger with highly regarded Sussex law firm, Griffith Smith, completing on 31 March 2022. Managing Partner, Richard Pollins, says "our combined offering to high net worth clients is now un-paralleled in Sussex and will strengthen our position as the go to firm for those clients seeking quality advice. The merger will increase choice for our clients who can meet with us virtually or at one of our wide network of office locations throughout Sussex, Surrey and London.”
SAVE THE DATE
Thursday 5 May, 8.10 - 10.00am


Join us for tea, coffee and (our famous) bacon rolls as we welcome you back to our Gatwick office to network and share our knowledge on the latest news and insights in the world of property and planning.

Invitations will follow shortly so don't forget to note the date in your diaries!

Seeking neutrality (of water use, nutrients and activity!)

With many developments caught up by Natural England, when can house building resume in the affected areas? Jack Boyle considers the implications


 

Read more >

VAT and break options in commercial leases

In September 2020, HMRC updated its guidance on payments arising out of early contract termination, pending further review. Cheraine Williams comments on what we can expect to see in further promised guidance updates

Read more >

Case study: overcoming water neutrality in Horsham

The Chartered Planning Team at DMH Stallard were advising on a residential redevelopment of the former Smith and Western restaurant site in Horsham for 20 apartments. The planning application was submitted in August 2021. In September 2021, the Position Statement was published by Natural England. Information collected by Natural England shows that water abstraction is having a negative impact on the wildlife sites in the Arun Valley. They have advised that any new development that takes place must not add to this negative impact.

Read more about water neutrality and how this case panned out  >

Service charge demands – getting it right

Cheraine Williams details the importance of checking your lease and offers her advice to avoid painful Court applications



 

Read more >

Deadline for recording historic paths in England scrapped

Miles of footpaths across England have been saved by the Government's recent decision, but what does this mean for land owners who want to divert public highways away from their land?

Read more >

The Economic Crime (Transparency and Enforcement) Act 2022: Property Aspects

Nigel Skevington outlines the property aspects of the Economic Crime (Transparency and Enforcement) Act 2022 which received royal assent on 15th March 2022

Read more  >

Regional planning updates

Adur District Council
  • Adur DC are in the evidence gathering stages of reviewing their Local Plan.  It is anticipated that an Issues and Options consultation will be carried out in mid to late 2022.  
Arun District Council 
  • Arun DC are in the evidence gathering stages of reviewing their Local Plan.  It is anticipated that a Issues and Options consultation will be carried out in late 2022. 
Brighton & Hove City Council
  • City Plan Part 2 main modifications consultation ending 5 May 2022.  It is anticipated that the Plan will be adopted in Autumn 2022.
Chichester District Council 
  • Following ongoing discussions with National Highways and West Sussex County Council regarding highway capacity, Chichester DC are testing various strategies to meet housing needs in their area.  They intend to publish a ‘Submission’ plan in Summer 2022 once that work has been completed. 
Crawley Borough Council
  • Applications affected by water neutrality on hold along with progress on emerging Local Plan.
Epsom and Ewell Borough Council
  • Local Plan call for sites ended 27 March 2022.
Lewes District Council
  • Lewes DC carried out a consultation on an Issues & Options Local Plan in Autumn 2021.  They are expected to publish a submission version of the Local Plan by end of 2022.
Eastbourne Borough Council
  • Issues & Options consultation for the Local Plan ended in early 2021.
Mid Sussex District Council 
  • Progress on the emerging Local Plan delayed by Members seeking additional background work and questioning housing numbers with the Secretary of State. 
Horsham District Council
  • Applications affected by water neutrality on hold along with progress on emerging Local Plan.
  • It is anticipated that an agreed approach to Water Neutrality will be reached in Winter 2022/23.
Mole Valley District Council
  • The Local Plan 2020-2037 was submitted for examination by Secretary of State on 14 February 2022.
Rother District Council 
  • Following a call for sites at the end of 2020, it is understood RDC intend to carry out early engagement on their Local Plan during Spring 2022. 
Spelthorne Borough Council
  • We await the Local Plan Regulation 19 consultation which was expected to take place in the Spring.
Surrey County Council
  • Minerals and Waste Local Plan for Surrey: issues and options consultation ended 7 March 2022.
Surrey Heath County Council
  • Surrey Heath BC is consulting on its draft Local Plan until 9 May 2022
Tandridge District Council
  • The Inspector had written to the Council suggesting that either the submitted Local Plan is progressed or a new Plan prepared whilst the current is withdrawn.
  • On 18 March 2022, the Council responded to the Inspector asking questions regarding the proposed options in order to decide how to proceed.
Tonbridge & Malling Borough Council
  • The Local Plan was withdrawn in July 2021, and a new call for sites ended on 7 February 2022.
  • The Council are refreshing their evidence base and intend to prepare a new Local Plan for consultation.
Tunbridge Wells Borough Council
  • There were Stage 1 hearings for the Local Plan on 1 and 2 March 2022, subsequently the Inspector has written to the Council on 17 March 2022 setting out concerns regarding the duty to co-operate.  The Stage 2 hearings have been cancelled until this has been resolved.
Wealden District Council 
  • Wealden DC have indicated that they will public an Issues & Options consultation on a new Local Plan in Spring 2022.  
Worthing Borough Council 
  • An examination into the Worthing Local Plan ended in June last year and in February 2022 the Inspector published his advice letter.
  • Worthing BC will make modifications to the Local Plan in accordance with this advice and publish the Plan for consultation shortly (March 2022). It is expected that the Plan will be adopted by the end of 2022.

With special thanks to

Chloe Karamian
Partner
Planning
01293 605568
Email Chloe
Cheraine Williams
Senior Associate
Real Estate Dispute Resolution
01293 605091
Email Cheraine
Jack Boyle
Solicitor
Planning
01293 605570
Email Jack

Key contacts

Tina George
Partner & Head
Real Estate
01293 605193
Email Tina
Adrian Scales
Partner & Head
Real Estate London
0207 822 1606
Email Adrian
Ben Price
Partner & Head
Commercial Real Estate
01293 605085
Email Ben
Heidi Copland
Partner & Head
Planning
01293 663518
Email Heidi
Nick Pentecost
Partner & Head
Property Development
01293 585601
Email Nick
Emily Wood
Partner & Head
Real Estate Dispute Resolution
01293 605578
Email Emily

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DMH Stallard LLP is a limited liability partnership registered in England (registered number OC338287).
Its registered office is Griffin House, 135 High Street, Crawley, West Sussex, RH10 1DQ and it is authorised and regulated by the Solicitors Regulation Authority (ID:490576). 

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