Commercial Property Development - 2023 Virtual Conference

Introduction

Chaired by Bob McGeady, this virtual classroom annual conference with a panel of leading experts offers a comprehensive update as to the current hot topics in this fast-moving area.

Each session will provide a full opportunity for questions and answers.

Conference Agenda

This 5 hour online conference will cover the following:

10:00am-11:00am: Planning Update

This session will review major changes and proposed changes to the planning system together with an analysis of significant cases that impact commercial property and development.

Morning Break

11:10am-12:10pm: Restrictive Covenants - How Restrictive Are They Really?

Why acquire a site for development if it is subject to a covenant which prohibits building? The answer, of course, lies in the ability to modify or entirely remove restrictive covenants under section 84, Law of Property Act 1925. Every year throws up fresh examples of applications, and fresh guidance on how the courts approach them.

In this session the latest caselaw will be reviewed, and points covered will include:

• When a covenant may be considered to have become obsolete
• The relevance of planning consent for the development
• Does an offer of compensation ‘buy’ modification?
• The use of restrictive covenants to secure payment of overage
• The jurisdiction to modify covenants in leases

12:10pm-1:10pm: Top Ten Tips for Options

Option agreements are always popular with developers as a flexible way of acquiring and assembling a development site, but there are many traps for those acting on behalf of both landowners and developers, as recent cases have demonstrated.

This session will provide 10 top tips to assist those drafting and amending option agreements, including:

• Option land - acquiring whole or part?
• Planning issues
• Defining and extending the longstop date
• Lessons from recent cases

Break for lunch

2:00pm-3:00pm: Telecommunications - Latest News

In this session, Daniel considers 3 important Supreme Court judgments from 2022 and will look at the implications to come.

• Cornerstone v Compton Beauchamp Estates Ltd: Did the Upper Tribunal have jurisdiction to confer rights on the Claimant under the ECC in relation to a particular site in circumstances where a third party, namely Vodaphone, was currently in occupation of the site?
• Cornerstone Telecommunications Infrastructure Ltd v Ashloch Ltd: Did the Upper Tribunal have jurisdiction to confer rights over land in favour of an operator under the ECC where that operator had a Landlord and Tenant Act 1954 protected tenancy and is in occupation of the land?
• On Tower UK Ltd (formerly known as Arqiva Services Ltd) v AP Wireless II (UK) Ltd: What is the meaning and effect of paragraphs 20 and 27 of the Electronic Communications Code as set out in Schedule 3A to the Communications Act 2003?

Afternoon break

3:15pm-4:15pm: Property Development Update

There have been quite a few interesting cases over the past year and this session will consider the important ones including:

• ‘Knot’ so bad? The latest views on Japanese Knotweed on development sites
• How reasonable is reasonable endeavours or best endeavours - case law sheds some light on this
• Is overage really a ‘latent defect’ entitling a buyer to rescind, as a recent case held?
• SLDT - tricky points to refer for specialist advice on - red flag issues to spot
• Easements - access to neighbouring land and highways
• How low can you get - mining exceptions could prevent development

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.