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From the developer’s perspective, we have experienced lawyers within the team who can advise on all aspects of this work, including plot sales, site assembly, conditional contracts, option agreements, planning obligation agreements, finance agreements and construction warranties.
A significant part of our development work involves advising the firm’s private clients on their negotiations with developers for the sale their homes, or part of their garden for potential development. This may involve an option agreement or a conditional sale contract, and the deal will commonly include overage or clawback provisions. Invariably, the agreement will cater for Section 106 Agreements to secure infrastructure contributions or other planning obligations, and we are able to assist in completion of these as the project proceeds.
We will advise on the process for planning applications, including making objections and both planning appeals and judicial review applications to the High Court, whether that be to challenge a planning permission that has been granted, or to challenge a refusal or dismissal of an appeal to the Planning Inspectorate.
Partner and Head of Commercial Property
An agreement in which a purchaser of land agrees to pay the seller an additional sum of money (on top of the purchase price), following a future specified event that enhances the value of the land, i.e. once planning permission has been obtained.
Conditional contract on planning – it is common for contracts for the sale of commercial property to be drafted on the basis that completion of the transaction is conditional upon one party (usually the buyer) obtaining planning permissio.
Pre-emption agreement – is where a buyer wants the opportunity to buy a property if the seller decides to dispose of it during an agreed period .
An option agreement is a contract between a landowner and a developer where the developer has the opportunity (but not an obligation) to purchase land from the landowner within a certain time frame. It is a binding agreement and is often used by developers to secure the property while they explore the planning potential of the subject land.
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