Posts

Ofwat publishes revised Code for Adoption Agreements

Last month, the Water Services Regulation Authority (“Ofwat”), published a revised version of the Code for Adoption Agreements (the “Code”). Adoption agreements are those that developers enter into when they want an appointed water/sewerage company to take over responsibility for the infrastructure they have constructed. The Code is required to be issued by the Water Industry Act 1991 (as amended by the Water Act 2014) and requires companies to develop, agree and maintain: ·          sector guidance; and ·          model adoption agreements; reflecting overarching principles set out in the Code. The Code required companies to submit to Ofwat for its approval, water sector guidance and     a model water adoption agreement by 1 October 2018. At the industry’s request, Ofwat has now amended the Code to change this deadline from 1 October 2018 to 7 January 2019 allowing water companies additional time to engage and consult with customers on the documents. Ofwat expects
Post a Comment
Read more

The New National Planning Policy Framework: What does it mean for Developers?

The Government has published its revised National Planning Policy Framework (NPPF) following the Spring consultation exercise on draft changes. The new NPPF focuses on the promotion of high quality design of new homes and places, stronger protection for the environment, delivering a sufficient supply of houses in the right places and placing greater responsibility on councils and developers for delivery – as well as streamlining current processes. Key changes for the development community include: Plan-Making – an expectation that Local Plans will set out the developer contributions expected from development e.g. types of affordable housing provision required and other infrastructure such as education, health, transport, flood and water management and green and digital infrastructure.     Decision-making – viability assessments should reflect the recommended approach in national planning guidance (a tacit admission that the previous approach was too ad hoc and unpre
Post a Comment
Read more

No Access, No Development

Whilst you may feel you have secured the perfect site for your proposed development, a lack of or insufficient access rights will halt your development abruptly in its tracks. As a starting point, your solicitor should obtain Land Registry and Highways searches to determine whether or not the site and your intended access point directly abut a publicly adopted highway. Where they do, this is the best outcome as it means neither you nor your end users will have to contribute financially to its upkeep and maintenance other than through taxation. Where they don’t, your solicitor should determine whether there are any rights over the relevant adjoining land by reviewing the seller’s title in conjunction with their replies to enquiries and provide a clear summary of the legal position so that you can consider any next steps that will need to be taken to make your development viable. Where no suitable rights are apparent, you’ll want to rectify this before exchanging contracts
Post a Comment
Read more

Top Tips: 5 Things to Consider When Buying Land for Development

Whether you’re a start-up going into your first venture, or an established developer, the commitment to buy land for development raises similar issues to think about. 5 key things to consider: 1. Planning – unless the site is being sold with the benefit of a suitable existing planning permission, a new planning application will need to be made for your intended use. Arrange a pre-application meeting with your local planning authority to discuss your plans and identify any hurdles to achieving the planning permission you want. Attend with your architect so they can take on board any comments in their design of the development. Use the feedback you receive to inform your deal structure. 2.  Access – you`ll need to know your site can be accessed via a publicly adopted highway or  that there is a suitable private right of way subject to proportionate maintenance costs. Ensure that the access covers not only physical access, but is sufficient to cover services both above and under t
Post a Comment
Read more