Viability assessments for affordable housing have long been a source of frustration for developers. This difficult element of the planning phase is often the cause for delays in getting a development to the point where works can start. There is hope on the horizon in respect of one aspect at least however: a recent ruling should … Continue Reading
Investor, developer, indeed landowner in any capacity – recent rulings mean Japanese Knotweed is now more of a nuisance (and a costly one) than ever. With over 6000 UK locations identified as containing the weed, you best be clear on how to handle this inconvenient invader or you face ending up in a bind. What’s … Continue Reading
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
Summary The Government’s decision to close the Renewables Obligations Certificates (ROC) subsidy scheme for larger solar PV installations (above 5MW) two years early, and the grace periods introduced to mitigate the effects of the closure, were upheld as lawful by the High Court at the end of 2014 after a challenge by solar operators. This … Continue Reading
You might have seen some of the recent media coverage of Gordon Ramsay’s court case relating to a personal guarantee given to his landlord that was signed using an “automated pen” operated by his estranged business partner and father in law. A significant sum was at stake given the personal guarantee guaranteed the tenant’s obligations … Continue Reading
National Grid has made its decisions as to eligibility for participation in the first Contracts for Difference auction but the auction process itself has been delayed as some applicants have asked Ofgem to review National Grid’s decisions. However, the Secretary of State for Energy and Climate Change, Ed Davey, by letter, assured the Select Committee … Continue Reading
“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
There was a surprise announcement in today’s Budget in relation to “high-end” residential property. The government has significantly extended the scope of the SDLT 15% “penal” rate that applies to acquisitions of residential property by non-natural persons (i.e. corporate entities). The 15% rate currently applies to individual residential properties worth over £2,000,000. From midnight tonight the 15% … Continue Reading
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
New procedures will make it harder to register land as a town or village green (‘TVG’). This is one of the Government’s many measures for lessening the impediments to property development. Two recent cases about registered TVGs have also been decided in favour of development.… Continue Reading
Effective January 1, 2014, owners of nonresidential buildings of 10,000 square feet or more must disclose energy use information to prospective purchasers, lessees and lenders. Owners of nonresidential buildings 5,000 square feet or more can look forward to the same disclosure obligations beginning July 1, 2014. The new law (AB 1103) establishes a benchmarking system … Continue Reading
The August 2013 issue of the Commercial Lease Law Insider featured an article about negotiating lease radius clauses which was voted the best issue of 2013 by the publication’s insider subscribers. Why would radius clauses garner such interest? Radius clauses are an important tool at the disposal of a retail landlord to protect its economic … Continue Reading
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
This post was also written by Gerald S. Dickinson. Pennsylvania municipalities and potential developers interested in converting vacant, abandoned, tax delinquent or foreclosed properties into productive use should take note of legislation enacted in 2012 that permits a municipality with more than 10,000 residents to create a land bank.1 Land banks are governmental entities that … Continue Reading
Last week, the U.S. House of Representatives voted unanimously to approve H.R. 2600, which, if ultimately passed, would expressly exempt condominium developments from the Interstate Land Sales Full Disclosure Act (“ILSA”). If a developer fails to satisfy ILSA requirements, a contract purchaser may have revocation rights; so an exemption from ILSA would be a welcome … Continue Reading
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
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
The Pennsylvania legislature is considering amendments to the Guaranteed Minimum Royalty Act (GMRA) that would require oil and gas lessees to disclose to oil and gas lessors the post-production costs deducted from the sale of gas to calculate the royalty owner’s 12.5 percent minimum guaranteed royalty. House Bill 1414 would require oil and gas producers … Continue Reading
Recent news on skateboarders applying to register the Southbank undercroft as a village green (frustrating redevelopment plans if they do) and the recent registration of a beach as common land show how unlikely areas used for recreation can gain legal protection. Here we update on the most recent cases – the trend of decisions favouring … Continue Reading
Pa. House Bill would end longstanding blanket conveyancing practice and increase transaction costs. The Pennsylvania House of Representatives is considering drastic changes to Pennsylvania recording and conveyancing laws that would significantly increase real property transactional costs. House Bill 942, introduced March 12, 2013, would prohibit the transfer of multiple properties with one instrument, except for … Continue Reading
This post was written by Julia Berry. Some good news for developers frustrated at planning delays caused by waiting for the Judicial Review (‘JR’) period to expire – amendments to the Civil Procedure Rules come into force on 1 July 2013 which change the time limit to apply for JR for planning cases to 6 … Continue Reading
This post was written by Julia Berry and Siobhan Hayes. Unprecedented amendments to planning permitted development rights for change of use from office to residential came into force last week. There are a number of conditions which must be met, including – that the building must be in use or last used as B1(a) offices; … Continue Reading
According to the National Restaurant Association, the proliferation of food trucks has been one of the hottest trends in the food service industry the last few years. Such trucks have become technologically advanced and bear little resemblance to the “Good Humor” trucks and the so-called construction site “chuckwagons” that have previously dominated the mobile-food-truck sector. … Continue Reading
This post was written by Meredith Hartley and Robert Diamond. On January 14, 2013, the Fourth Circuit Court of Appeals held that liability under the anti-fraud provisions of the Interstate Land Sales Full Disclosure Act (“ILSA”) extends to an entity that engaged in advertising or marketing activities in the course of a transaction covered by … Continue Reading