The power of a letter before action in a business dispute
If you are involved in a business dispute, then it is sensible to try to resolve the matter as quickly and cost-efficiently as possible to
Development and planning agreements serve as the foundation for collaboration between parties involved in a construction project.
These contracts outline the anticipated roles and responsibilities of various stakeholders. Whether it be developers, purchasers, funders, landowners, or tenants, development agreements serve as the guiding blueprint, delineating the expectations that each party is entrusted to fulfil.
At Martin Shepherd Solicitors, we believe in the power of precision and clarity within these agreements, ensuring a seamless journey from conception to completion. We can advise you on development and planning agreements at our Potters Bar, Hertford, and Finchley offices.
The collaboration between the landowner and developer takes centre stage within the framework of a development agreement. Typically, it involves the developer:
Assuring the landowner on crucial matters, such as the project’s timeline and their ability to raise objections during the process, becomes paramount.
A development agreement serves as a protective shield for both parties. While granting the developer the authority to execute the construction project, it also affords the landowner a voice in the development process. This arrangement becomes particularly significant if the landowner holds interests in adjacent land.
The document should outline mechanisms for resolving disputes, a vital component that can prevent complications and avoid unnecessary delays.
Development agreements often encompass a range of obligations imposed on the developer, aiming to establish a clear framework for the project. Developers must:
Other obligations commonly include:
Quality Assurance Provisions: Development agreements often incorporate provisions designed to guarantee the quality of the development. This safeguards against substandard work and ensures the outcome meets predefined standards and planning obligations.
Letting Obligations: Specifying minimum criteria for prospective leases, developers outline their letting obligations. This may include attaching an agreed form of lease that provides clarity and structure to potential lease agreements.
Timetable for Development: A well-defined timetable, inclusive of a longstop date for project completion, is a standard inclusion. This establishes clear milestones and deadlines, ensuring timely progress.
Inspection and Monitoring Rights: Purchasers or tenants often have the right to inspect and monitor the progress of the development. This transparency ensures parties stay informed throughout the project lifecycle.
Termination Provisions: Developers may face termination by purchasers or tenants under specific circumstances, such as serious breaches, failure to meet longstop dates or insolvency. These provisions act as safeguards for the involved parties.
Profit Calculation Methodology: Development agreements often detail the method for calculating the developer’s profit. This involves a comprehensive list of deductions and triggers for payment. Including a worked example can enhance clarity, particularly in cases where the calculation is intricate.
Discover more about development and planning agreements at our Hertford, Finchley, and Potters Bar offices. Contact us at 0208 446 4301.
We offer development and planning agreement services tailored for both landowners and developers. Our array of services encompasses:
Learn more about development and planning agreements at our Finchley, Potters Bar and Hertford offices. Contact us at 0208 446 4301 or email Daniel Raja dr@martinshepherd.co.uk or Surjit Bansal sb@martinshepherd.co.uk
At Martin Shepherd Solicitors, we specialise in providing legal guidance and support throughout the development and planning agreement process. Our team assists clients in negotiating, drafting, and reviewing agreements related to property development, ensuring compliance with relevant regulations and protecting our clients’ interests.
We handle various types of development and planning agreements, including Section 106 agreements, infrastructure agreements, development contracts, joint venture agreements, and option agreements. Our expertise covers a wide range of agreements essential for property development projects, from land acquisition to project completion.
Our experienced solicitors provide comprehensive guidance on navigating the planning process, including advising on planning applications, negotiating planning permissions and conditions, and addressing any legal challenges or appeals that may arise. We work closely with clients to ensure their development projects comply with planning regulations and achieve successful outcomes.
When negotiating development agreements, it’s essential to consider various factors, such as land acquisition terms, project timelines, financial arrangements, risk allocation, and dispute resolution mechanisms. Our legal team conducts thorough due diligence and strategic negotiations to secure favourable terms for our clients while minimising potential risks.
Our solicitors have in-depth knowledge of planning laws and regulations, allowing us to guide clients through the complex legal landscape of property development. We assist in ensuring that development and planning agreements comply with all relevant legislation, including environmental regulations, and building codes, to avoid potential legal issues down the line.
In the event of disputes arising from development agreements, our legal team offers effective dispute resolution services, including negotiation, mediation, arbitration, and litigation. We strive to resolve disputes efficiently while protecting our client’s interests and preserving relationships with other parties involved in the project.
By partnering with Martin Shepherd Solicitors, clients gain access to our extensive experience, legal expertise, and personalised service tailored to their specific needs. Whether you’re a developer to helping you navigate the complexities of development and planning agreements, ensuring the success of your projects.
If you are involved in a business dispute, then it is sensible to try to resolve the matter as quickly and cost-efficiently as possible to
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The legal information on this website cannot be regarded as a definitive statement of the law or of the effect of the law, and does not comprise, and should not be relied on as giving, legal advice.
It has been prepared in good faith, but none of the individuals responsible for or involved in its preparation accept any legal responsibility or liability for anything done in reliance on it.
Martin Shepherd Solicitors LLP is a limited liability partnership registered in England & Wales, registration number OC356132, Potters Bar – Head Office, Maple House, High Street Potters Bar London EN6 5BS where a list of the members is kept.
Martin Shepherd Solicitors LLP is authorised and regulated by the Solicitors Regulation Authority numbers: 560729 (Potters Bar – Head Office); 562353 (Finchley office); 615079 (Hertford office). VAT Registration Number 116 9785 78
