The Practical Lawyer


Overage – planning problem

A recent case involved an overage agreement, with the developer buying an office building to change into residential use (using the permitted development planning rights).

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Overage – successor in title?

When drafting an overage agreement, how do you ensure that it binds successors in title?

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Restrictive covenant – ‘substantial’ benefit?

Is a £65,000 benefit ‘substantial’ when considering whether a restrictive covenant should be modified?

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Branded residence – loss of brand?

Expensive developments are often marketed under a ‘brand’ name (eg Harrods, a high-profile consumer name, or a top-end hotel brand).

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ACV – sale timetable

A summary of the asset of community value moratorium on sale.

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ACV – listing process timetable

A summary of the asset of community value listing process.

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Development – protected species

What happens if a developer finds a protected species on the development land? There are numerous wildlife protection Acts that might apply.

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Right to light – injunction?

The ability to obtain an injunction is an important part to any right to light claim. While there may also be a claim for damages, it is the injunction claim that is likely to bite.

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Affordable housing – negotiations

Affordable housing can be of three types: social rented housing; affordable rented housing; or intermediate housing.

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Rates – avoidance ploys

There are three main ploys (or ‘mitigation products’) for avoiding business rates.

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