The Government also announced changes to permitted development rights.
A campaign group was granted permission to launch a judicial review to challenge the Government’s reforms. With the outcome of the judicial review pending many landlords and tenants have taken a cautious approach and continued to refer to the legislation as it applied before 31 August 2020.
On 17 November 2020, Lord Justice Lewis and Mr Justice Holgate sought to provide some clarity for the sector by dismissing all grounds of challenge brought by the campaign group. It is understood that they are seeking permission to appeal.
The radical changes have been introduced to support the repurposing of the high street and provide a greater degree of flexibility for landowners and occupiers.
Much has been written about the impact of the changes, but a brief overview is set out below:
With the introduction of the new use class E particular care should be taken by commercial landlords to ensure the definition of “permitted use” in a lease is not too wide. We would advise including a description of the use, together with a reference to the specific sub-section within use class E (e.g. use as offices within Use Class E(g)).
We are experienced in drafting and negotiating commercial leases, so please contact Thomas McKeown on 0113 280 2079 to find out how we can assist you with this.
Please note this information is provided by way of example and may not be complete and is certainly not intended to constitute legal advice. You should take bespoke advice for your circumstances.