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Consolidation Development Notes

LPC Law Notes > Advanced Commercial Property Notes

This is an extract of our Consolidation Development document, which we sell as part of our Advanced Commercial Property Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

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CONSOLIDATED NOTES Essentially Development Can be broken down into: (1) PRE-LIM CONCERNS - Title and Development issues regarding site TITLE
- RC's, PC's, TP rights, Charges - DEV - Right to light, roads, adverse possession, crane oversail licence, squatters - Overage (2) SPECIFIC PLANNING CONCERNS Any specific planning related concerns for site - PP (change of use partic)/ Building regs approvals/ s.106 obligations/ Other Planning Gain i.e. CIL (3) CONTRACT STAGE - Conditional contracts - Planning/ Environmental/
Option agreements/ VAT provisions applicable on sale - how this should be reflected in drafting (4) CONSTRUCTION - Background of different structures that can be used - specific methods of enforcing construction obligations - learn each one - focus on collateral warranties (5) AGREEMENT FOR LEASE - Amendments which are in interest of tenant - Registration (AN1 or UN1)/ Security of Tenure/ Guarantors - VAT TOGC TITLE AND DEVELOPMENT CONSIDERATIONS Title issues - advising on potential issues - further action required
? (1) Restrictive Covenants - past breaches/ future breaches
? (2) Positive Covenants - effect on client, SCPC 6.4.4 - Buyer will be bound
? (3) TP rights - reserving rights to the land - rights of way, rights of passage
? (4) Other - Leases (LTA 1954 - s.25 LTA - s.30(1)(f) redevelopment - nonfault grounds compensation - Rights of pre-emption, mortgages. Development issues - advising on potential issues - further action required
? (1) Rights to light - Express (deed) or prescription - 20 years of continuous use - to prevent right, obstruct for one year within the 20 years - serve LON notice - register as charge and leave in place for one year - If 20+ years, serve LON notice - owner has right to object, but if he doesn't within the year, right will be extinguished MUST be dealt with - consequences unpredictable - injunction and/or damages Regan v Paul Properties BUT Coventry v Lawrence
? (2) Reconfiguring of roads - Publicly adopted highways - does developer need need to stop up/ divert for construction traffic - apply for stopping up order, Statutory procedure s.116 HA or Part X - both complex/expensive
? (3) Airspace Issues - Landowner right to control airspace to a height necessary for reasonable use and enjoyment of land (Bernstein v Skyviews)
- Crane oversail licence required for crane jib overhanging adjoining property
? (4) Adverse possession - Factual possession an possession must be adverse (inconsistent with rights of owner) - Different rules for unregistered and registered land - Unregistered land (12 years uninterrupted use) - Registered 10 years - application - 3 months to oppose - if opposition, it will not be granted
? (5) Squatters - Negotiate - emergency interim possession order (complex/timely/costly) - Possession order under CPR 55 - application and witness statement - personal service Overage payments
? Additional payments on top of purchase price - trigger events: grant of planning permission/ practical completion/ letting of development/ sale of development
? Methods of enforcement - Pros and Cons for seller? Restrictive Covenant - BUT Cosmichome v Southampton/ Ransom Strip/ Positive Covenant/
Mortgage, Charge/ Personal obligation.
? SDLT payable on purchase price + overage - Can be deferred if overage not to be paid for at least six months after overage agreement is completed - If

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