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Planning and Parliamentary Spotlight 2023

The Planning and Parliamentary team have had to keep up to speed with some significant cases in 2022 and, given the somewhat tumultuous political year, some changes of direction in policy and legislation, which will be following through into 2023.

Cases

Probably the most significant planning case to have been decided in 2022 (and therefore the one we focus on

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Article 4 Directions – a helpful reminder

A recent decision by the Secretary of State for Levelling Up, Housing and Communities (SofS) has reaffirmed the government’s policy that Article 4 Directions should be used to remove permitted development rights only where they meet the criteria set out in paragraph 53 of the National Planning Policy Framework 2021 (NPPF), and should not be drawn more widely than necessary.

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Supreme Court rules Tate Modern viewing platform invades privacy of flats.

What was the background?

About 5½ million people visit the Tate Modern each year and, of them, it is estimated between 500,000 and 600,000 visit the viewing gallery, with a limit of 300 people at any one time. To the Appellants’ misfortune, visitors to the viewing gallery can see straight into the living areas of their flats. The trial judge

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Economic Crime and Corporate Transparency Bill – An Update

On 25 January 2023, the Economic Crime and Corporate Transparency Bill completed its report stage and third reading in the House of Commons.

Following our previous commentary on the Bill’s development, the House of Commons has made amendments to Parts 1 (Companies) and 2 (Partnerships) of the Bill. These amendments include:

  1. Directors’ disqualification. Adding clauses to the Bill that
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A step towards change? – BEIS Publishes Consultation on Calculating Holiday Pay

The Supreme Court in the case of Harpur Trust v Brazel [2022] UKSC 21, has caused massive implications for employers of sessional workers or term time only workers.

By way of summary the Supreme Court held that there is no legal right to pro rata holidays for part year workers. This means that workers and employees such  Ms. Brazel  are

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