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Katie Scuoler examines the vital role that allotments play in creating communities of the future ‘The government’s Garden Communities Programme aims to take Ebenezer Howard’s original idea of the garden city, which sought to combine the best of town and country living, and renew this for the 21st century.’ The housing shortage and housing affordability, …
Continue reading "Planning update: Allotments and their protection"
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Martin McKeague and Will Cousins analyse recent key cases on the interpretation of overage agreements ‘Mr Biden’s argument was that the overage provision gave him complete discretion as to whether and when to sell the properties and, therefore, whether and when to pay the overage.’ In recent years and months, contractual interpretation, and in particular …
Continue reading "Development: Overage and contractual interpretation"
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Karen Mitchell and Alison Mould discuss an important ruling on whether Brexit would cause a lease to be frustrated ‘Generally, parties to contracts only rely on frustration if there is no other legal avenue available to them, as it is not easy to establish and, unsurprisingly, often arises in only the most unique and complex …
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Nicholas Broomfield considers the decision in Mears v Costplan ‘A “material” defect is not necessarily a breach capable of preventing practical completion or permitting termination of the contract; such a conclusion risks giving rise to “commercial absurdity”.’ Mears Ltd v Costplan Services (South East) Ltd [2018] concerned the development of student accommodation in Plymouth. Mears …
Continue reading "Practical completion: A question of construction"
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Who bears the risk of damage occurring close to completion of a development? Kevin Manley explores the issues ‘The question of what point the risk of damage transfers could be very important. Depending on how the agreement is drafted, damage occurring in either of the gaps before or after practical completion could have a significant …
Continue reading "Conditional development agreements: Digging deeper"
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Mark Bassett reports on the Court of Appeal’s findings in Faraday ‘An arrangement that contains obligations to carry out the development, at any stage, could move the arrangement into the territory of public procurement.’ Those who are involved with public sector regeneration and development projects will be interested to learn about the important developments concerning …
Continue reading "Case study: Real estate and public procurement"
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John Starr reviews a case involving an agreement to agree, which highlights the importance of clarity in commercial agreements ‘The Court of Appeal had no doubt that, on their true construction, the relevant provisions of the SPA amounted to an agreement to agree in relation to the further period after the agreed four years and …
Continue reading "Construction focus: Let’s agree to disagree"
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Rebecca Francis, Colette Krawczyk and Chris Lee take a look at the key areas of development for real estate practitioners for 2019 ‘Decisions in each of these areas will provide for increased market certainty and should help to unlock many of the current issues in dispute between landowners and operators.’ While Brexit is likely to …
Continue reading "2019 in real estate: Future gazing"
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Andrew Ross and Sarah Quy discuss a case where the court emphasised the public interest in honouring private rights ‘The court’s decision indicates that responsible developers should seek release of covenants before developing in breach.’ In November 2018 the Court of Appeal decided in Alexander Devine Children’s Cancer Trust v Millgate Developments Ltd [2018] that …
Continue reading "Restrictive covenants: No release permitted"
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The planning team at Gowling WLG share their predictions for the coming 12 months and what those predictions mean in practice ‘New rules regarding the use of developer contributions towards essential infrastructure are likely to be introduced to achieve the government’s aim of facilitating housing delivery.’ This year is likely to be an unpredictable and …
Continue reading "Planning: The year ahead"
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