Tag Archives: Development

Placemaking without Lawbreaking

Placemaking? Mixed-used developments in and around London are in the midst of a golden era with the creation of mega-schemes such as those in Nine Elms and Old Oak. The new Wembley Park Development will see the creation of an unprecedented 7,000 apartments, surpassing the Olympic Village scheme in Stratford by some 4,000 residential units. … Continue Reading

So is this the time for developers to think big and build big?

On Monday 28 November 2016 the City of London’s Planning and Transport Committee approved (19 votes in favour, 2 against) a resolution to grant permission for the development known as 1 Undershaft which at 73 storeys will be the tallest building in the City of London (that is 304.94m or a little over 1,000ft for … Continue Reading

(US) A parking garage today, but what about tomorrow?

In a recent Law360.com article written by Andrew McIntyre, the author addresses three issues in converting parking to accommodate the growing need for E-commerce delivery space and the future effects of driverless vehicles: Zoning Market unpredictability Cost The article discusses the efforts some developers are making to build flexibility into today’s parking space construction to … Continue Reading

(US) High Volatility Commercial Real Estate: New Rules Have Effect on Cost and Availability of Mortgage Capital

On January 1, 2015, the final Basel III rules regarding regulatory capital for banks with greater than $500 million in assets and all savings and loan holding companies took effect. Basel III imposes new rules for high volatility commercial real estate (HVCRE) which the regulations define as a credit facility that finances the acquisition, development … Continue Reading

(US) Present Value in Lease Terms: PA Superior Court Holds Reductions in Present Value Must Be Explicitly Stated In The Lease

On August 19, 2014, the Pennsylvania Superior Court affirmed a trial court’s decision not to reduce accelerated damages awarded to a landlord to present value, thereby strengthening the landlord’s position with respect to acceleration clauses in an already landlord-friendly state. The case, Newman Development Group of Pottstown, LLC v. Genuardi’s Family Market, Inc. and Safeway, … Continue Reading

(US) Condominiums Exempted From Filing & Registration Requirements of the Interstate Land Sales Full Disclosure Act

On September 18, 2014 Congress amended the Interstate Land Sales Full Disclosure Act (“ILSA”) to exempt condominiums from the filing and registration requirements. Originally intended to protect consumers against fraudulent land sales practices such as selling lots that were underwater or unable to obtain utility services, the federal courts and the Department of Housing and … Continue Reading

(US) Foreign Direct Investments get some help from China’s new NDRC system

There is no question that Chinese investors have played an important role in maintaining deal flow over the past several years, especially for trophy properties in gateway cities like London and New York. However, until recently, these investors have been at a competitive disadvantage due to a lengthy government review and approval process. Under prior … Continue Reading

(US) Commonwealth Court of PA Clarifies the Scope of the Development Permit Extension Act

On April 8, 2014, the Commonwealth Court of Pennsylvania issued its decision in Kraftdev Assoc., LLC v. East Cocalico Township Authority, affirming the trial court’s grant of summary judgment in favor of Kraftdev Associates, LLC (“Kraftdev”). In so doing, the Court clarified some important aspects of the scope and application of the Development Permit Extension … Continue Reading

(US) The Tools of “Inclusionary Eminent Domain (Part 2): How the Concept Works in Practice

This second blog post of the two-part series features just a few of the tools of inclusionary eminent domain that can be retrofitted for purposes of constructing or preserving affordable housing on land condemned for economic development, or new development projects generally. The tools are interrelated and have the ability to operate in tandem to … Continue Reading

(US) Pop-Up Retail: a temporary fix becomes a mainstream development tool

“Pop-Up” retail, the use of short-term sales space to house retailers in connection with a trendy seasonal or up-and-coming product has increased in popularity over the last several years. Target, Nike, Google and Microsoft are recent examples of retailers who have successfully opened pop-up shops. Recently, the concept of the pop-up shop has expanded beyond … Continue Reading

(US) What is “Inclusionary Eminent Domain” (Part 1): Rethinking How to Construct Affordable Housing in Economic Development Projects

This first part of a two-part blog series explores a new concept, “inclusionary eminent domain,” that has emerged in real estate development. The concept serves to temper and reconcile the interests of various stakeholders involved in eminent domain takings for economic development. The concept has evolved in response to the 2005 landmark United States Supreme … Continue Reading

(US) Air Rights: Make Sure You Get What You Pay For

This post was written by Lesley Vars and Leah Speckhard Prices for transferable development rights, commonly referred to as “air rights”, in New York City are reaching sky high numbers as developers scramble to build higher and higher. According to the Wall Street Journal’s April 23, 2014 article, titled “Sky is the Limit for Air … Continue Reading

(US) Building Heights in Washington, DC: you may soon have permission to grow

On March 12, 2014, the House Committee on Oversight and Government Reform advanced a bill proposing to make the first changes to the Height of Buildings Act of 1910, a federal law establishing height limits on Washington, D.C. buildings. The height restrictions were implemented in response to the construction of the 164-foot Cairo Hotel in … Continue Reading

(US) Sustainable Development: Push vs Pull

Sustainable development practices started as a push, with building owners and occupants pushing the industry to create superior product. Slowly, governmental entities have begun to pull developers in the same direction by offering incentives, such as increased floor area ratios or maximum density. It is inevitable that these entities will ultimately move toward mandates, without … Continue Reading

(US) PA Supreme Court Act 13 decision disappoints the Oil and Gas Industry

This post was also written by Peter Schnore. The Pennsylvania Supreme Court’s December 2013 decision regarding the constitutionality of the 2012 law amending Pennsylvania’s Oil and Gas Act (Act 13) came as a disappointment to the oil and gas industry. Conversely, the decision was a holiday gift to those governments, groups and individuals seeking greater … Continue Reading

(US) Creative Financing-Let the Purchaser Do It

Despite the recent low interest rate environment, some projects just will not support market rate construction loans. What then is the developer to do? Over the last few years developers have begun to turn to the purchaser to finance construction of a project. This technique can be used for both residential and commercial development. Many … Continue Reading

(US) FHA Condominium Approval – Mixed-use Projects

On September 13, 2012, FHA issued Mortgagee Letter 2012-18, putting in place a few temporary condominium project approval guideline changes, effective through August 31, 2014. Among the guidelines affected is the maximum percentage of non-residential space permitted in the project to qualify for FHA financing. Under the previous guideline, no more than 25 percent of … Continue Reading

(US) Brownfield Owners and Developers Take Note: EPA Issues New Guidelines Emphasizing and Strengthening Institutional Controls

This post was written by Edward V. Walsh III. Brownfield developers and owners of contaminated property contemplating a cleanup should take note of two important guidelines issued by the U.S. EPA. These guidelines recommend early consideration of the use of institutional controls (legal documents such as deed restrictions, restrictive covenants and the like) in planning … Continue Reading

New Community Infrastructure Levy Regulations – what does this mean for you?

On 6 April 2010, the new Community Infrastructure Levy (‘CIL’) Regulations came into force, partially replacing the current system of Section 106 agreements. There won’t be an immediate change in the planning regime, but now is the time to think about the CIL and any potential impact on future developments and transactions.… Continue Reading
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