Practical Conveyancing - Environment

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Sewer - right to connect

The Supreme Court has upheld the right of a developer to connect to a public sewer, even if the statutory undertaker is concerned that the additional discharge will overburden the sewage system. The cost of any necessary works will fall on the sewage undertaker (and not on the developer).

Music - public places

If you act on behalf of clients who have had to pay Phonographic Performance Limited (PPL) licence fees for playing background music in public, then advise them that they may be eligible for a refund.

Carbon reduction _ April 2010

CRC (Carbon Reduction Commitment) is a mandatory emissions trading scheme that is likely to come into force next April. It will require organisations to buy allowances to cover the equivalent amount of carbon dioxide that they produce in a year. In practice this will cover businesses with an electricity bill of more than £500,000pa.

Sewer - connecting to

For any developer, the right to be able to connect premises to the public sewer is vitally important. That right is given by s106 Water Industry Act 1991, which says the sewerage undertaker can only refuse permission if the proposed sewer is ‘not to a standard reasonably required by the undertaker’ or if ‘the proposed connection would be prejudicial to the sewage system’.

Developing in the green belt

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Obtaining planning permission for development in the green belt is a tricky business. The green belt is, with good reason, highly protected by planning policy. In order to get permission to develop you need to be able to show that there are special circumstances to justify it. But what circumstances will be special enough?

The CORGI scheme is to be abolished on 1 April. From that date, only a fitter on the ‘Gas Safe Register’ can do approved gas work (eg carry out inspections; install boilers). There are no transitional provisions, which means you must ensure that any existing contractor is properly registered under the new scheme as from 1 April.

Tax reliefs - Brown Field sites

Land remediation tax relief gives a corporation tax deduction of 150% on qualifying expenditure incurred in decontaminating land (eg £1m expenditure gives rise to £420,000 worth of tax relief for a company paying 28% tax).

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