Developer De-brief – Autumn 2020

Welcome to our first edition.

We are all being advised to take care and avoid risk to our health at the moment. Development is about taking risk – there is no guarantee of a successful or profitable outcome – but those most likely to succeed will have paid proper attention and taken good advice on the areas of risk in order to make a proper assessment of the likely outcome. Members of the public and our politicians and those working in government and local authorities do not always understand or appreciate the risks which developers and landowners face as they try to bring sites forward for the “much needed homes” the Prime Minister wants to “build, build, build.”

Lawyers are trained to recognise risk, to help the clients to make a proper assessment of risk, and to find ways of mitigating risk. This job becomes more difficult in the face of increasing complexity in planning and other areas of regulation and in the complexity of land interests which affect most of the sites now suitable for building new homes. We hope these articles will demonstrate how we can help you to find the right legal solutions and provide a solid basis for your investment.

Tim Walker

In this edition

Control of Land: Government’s request for information

The Ministry of Housing, Communities and Local Government is seeking views on its proposal to require additional information to be disclosed in relation to certain agreements, such as pre-emption agreements, option agreements and estate contracts (‘Land Agreements’) which it considers control land use and availability. Read more

Mines and minerals exclusions: The impact on development

Often the registered title to land will state that the mines and minerals are excepted and/or reserved from the title. But what does this actually mean? Recent case law has affirmed the basic principles. Read more

Stamp Duty Land Tax changes

A number of Stamp Duty Land Tax (SDLT) changes, and proposed alterations, have been introduced by the government which will affect property transactions carried out within the UK. Read more

Changes to Use Classes

The government has put forward several measures to reform the planning system. One of these is the amendment of the Use Classes Order (in England only) which the government believes better reflects the diverse uses of buildings in town centres and high streets. Read more

Considering the effect of restrictive covenants on development proposals

Two recent cases serve as a reminder to consider and take advice at an early stage about how land that is to be developed may be affected by restrictive covenants. Read more

Recent government proposals

The government has proposed a draft Community Infrastructure Levy (Amendment) (England) (No.2) Regulations 2020 which if made will provide that CIL will not be payable in relation to First Homes – First Homes is the government’s proposals for affordable housing which will provide houses for sale to first-time buyers at a discount of at least 30%. Read more

Third party rights and development

With the emergence of COVID-19, it came as no surprise that a number of developers decided, in early 2020, to slow or halt progressing potential new development sites. One possible advantage of this slow down, however, is to take the opportunity to focus on the legal side of site assembly and consider any impediments to development head on. Read more