Acting for a developer

We have acted for many different developers over many years.

This has included helping a start-up company grow into a PLC operation.

All projects have their particular requirements but common issues that need to be considered are listed below:

• Needing to balance the time and cost spent in progressing planning permission, grid connection, land interests and funding.
• Needing to ensure adequate due diligence is undertaken at the appropriate time to ensure sites offered by landowners benefit from adequate rights of access and cable installation – to ensure no ransom rights are created.
• The use of bespoke landowner enquires to ensure the necessary information is flushed out (rather than using the very lengthy and largely irrelevant industry standard documents).
• The use of abridged forms of Option and Lease to help limit the time and cost needed to settle these documents (rather than very lengthy standard form documents).
• Needing to balance the desire to secure sites quickly against agreeing documentation that does not impose adequate obligations on landowners, for example, in relation to allowing early occupation for surveys and to prevent planning permission from lapsing and later obliging landowners to sign electricity substation agreements.
• Needing documentation to be robust enough to satisfy purchasers and funders (and ensure the best price can be obtained). For example, funders typically want “lender direct agreements” with landowners on reasonably robust terms.
• Assisting with the planning process including any S106 or S278 Agreements.

To find how we can help you & your business, get in touch

Biodiversity Net Gain

The Environment Act 2021 will require developments to achieve a minimum 10% Biodiversity Net Gain (BNG). The new regulations were expected to come into effect in November 2023, with mandatory BNG for small sites commencing from April 2024. They have been delayed but many local planning authorities have adapted planning policies to reflect the new law.

This means that for property undergoing development, developers will need to demonstrate their ability to deliver measurable improvements in biodiversity by creating or enhancing habitats.

How does this affect you?

As with all new legislation and rule changes, we will closely monitor developments and provide advice to our clients accordingly. The new regulations will create both obligations and opportunities that will impact the way land developments are planned and managed.

We are leaders in this area of law and are already advising developers, landowners, and local authorities.

• Find out how we can help you