Commercial Property Development - 2020 Virtual Conference
Chaired by Bob McGeady, this live online conference will examine a range of important and topical issues in commercial property development.
Each session will provide opportunity for questions and answers.
This live and interactive 5-hour conference will cover the following:
10.00am-11.00am: Modifying Restrictive Covenants - Can It Be Done?
Restrictive covenants can prove major stumbling blocks to a successful and profitable development. The Upper Tribunal has the power to modify or discharge such covenants, but when will this discretion be exercised? What evidence should be produced, and should negotiations be undertaken and how?
Drawing lessons from recent case law, including the Supreme Court, this practical session looks at:
- Millgate - the Supreme Court looks at “public interest”
- Is planning permission the defining factor to persuade the court to exercise its discretion?
- Modifying leasehold covenants - how that can aid redevelopment
- Obsolescence: what does it mean, how is it proved?
- Views, privacy, seclusion - are these ‘practical benefits of substantial value or advantage’ and how to handle them
- What further modifications might the Tribunal impose - and would that include costs?
11.00am-12.00pm: Building Up - Avoid the Elephant Traps
The Government has created a new permitted development right to allow new flats to be built on top of existing blocks, which has become very popular. This session will highlight some of the most important pitfalls that may affect your clients who wish to carry out such developments, including:
- Rights of light enjoyed by nearby buildings
- Nuisance caused to nearby buildings
- Restrictive covenants
- Rights of existing tenants
- Party walls issues
- Residential tenants’ rights of first refusal under the Landlord and Tenant Act 1987
- Issues with collective enfranchisement and rights to manage
- Service charge issues
Break for lunch
1.00pm-2.00pm: Wayleaves & Easements & the Impact on Development
Charles Cowap, Surveyor
We all need utility services, but what happens when the wrong cable or pipe is in the wrong place on your development site?
This session will look at the terms on which utilities may be buried under or sailing over your site, and the approaches you can take to ensure the timely relocation of these installations.
2.00pm-3.00pm: Planning Law Update
This session will provide a summary of the planning proposals going forward:
- Current state of law in relation to section 106 agreements
- Current guidance from central government
- A short overview of the new system proposed in the Planning White Paper
3.15pm-4.15pm: Constructive Trusts in Commercial Property Cases
David Nicholls, Landmark Chambers
This session will provide a practical analysis of the principles on which the courts will determine the beneficial ownership of commercial property in the absence of a written agreement, with reference to recent case law.
- How do the courts ascertain beneficial ownership in the commercial context?
- Are the principles the same as in the residential context?
- Is there scope for the operation of proprietary estoppel?
- What is a Pallant v Morgan equity and when might it be relevant?
- What are the risks of undertaking commercial property development as a joint venture without a formal written agreement and how might these risks be guarded against?
Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.
Please let us know if you wish to be notified.