Site Acquisition: preliminary steps
Outcomes
1. Explain the practical and commercial considerations a client may take into account when
considering the acquisition of a commercial development site.
2. Investigate a complex registered title and identify any legal and practical issues revealed
which could affect the development.
3. Evaluate the different methods of forming a joint venture in the context commercial
development.
Assessing the suitability of a development site. Considerations
Will be within the scope of a cost-benefit analysis for the purchaser/developer- which they may have
to relay and justify to any institutional investor
Additional costs of developing the site • Additional searches using CON29O
• Planning applications
• Commons registration search under enquiry 22 as it
used to be agricultural land
• Surveys
• Contamination
• Mining and mineral clause
• Marshland on top left of plan could be liable to
flood- flood search
• Pipes running under the land
• Access to and from the land?
• Motorways surrounding?/ A road?
• Mansfield junction railway is a main train line- rights
of access/ noise railway search
• Not told how much we are spending yet but will be
very expensive to so do all CON29O
Timescale for the development • Planning- applying and possibility of refusal or
complying with conditions such as environmental
clean-up- planning for change of use
• Mindful of exchange prior to contract race but no
rush due diligence and searches
• Mining and mineral
• Service media in, on or over the land- utilities –
is it possible to get the services on the land?
Layout of the new building on the site • Whether the plans will be accepted- any adverse
rights that affect that
• Housing development to the right- may impact the
development in terms of development and
permission and vehicle access/ disruption
• Access to the land and public access? Will access
need to be developed
, • Previous use- likely to be contamination from
previous use
• May be agricultural ties- contracts left?
Transport links and infrastructure
• Plans for Nottingham express tram second line-
could disrupt plans.
• May be directly affected is it coming through the
land? Close proximity?
• Cost of intrusive surveys- cost analysis on getting
specialist surveys
Contaminated land:
• Former industrial land may have pollutants- who is
responsible for the clean-up and removal? The
onus is on the buyer by virtue of caveat emptor.
• Remediation budget for the clean-up: will be part of
the cost-benefit analysis
• LA has register of contaminated land in the area but
not always up to date. When developers apply for
planning permission, often a condition of planning is
the clean-up.
• Environmental protection act 1990- parties have to
identify whether there is a piece of contaminated
land. S.78 concept of contaminant linkage.
Outcomes
1. Explain the practical and commercial considerations a client may take into account when
considering the acquisition of a commercial development site.
2. Investigate a complex registered title and identify any legal and practical issues revealed
which could affect the development.
3. Evaluate the different methods of forming a joint venture in the context commercial
development.
Assessing the suitability of a development site. Considerations
Will be within the scope of a cost-benefit analysis for the purchaser/developer- which they may have
to relay and justify to any institutional investor
Additional costs of developing the site • Additional searches using CON29O
• Planning applications
• Commons registration search under enquiry 22 as it
used to be agricultural land
• Surveys
• Contamination
• Mining and mineral clause
• Marshland on top left of plan could be liable to
flood- flood search
• Pipes running under the land
• Access to and from the land?
• Motorways surrounding?/ A road?
• Mansfield junction railway is a main train line- rights
of access/ noise railway search
• Not told how much we are spending yet but will be
very expensive to so do all CON29O
Timescale for the development • Planning- applying and possibility of refusal or
complying with conditions such as environmental
clean-up- planning for change of use
• Mindful of exchange prior to contract race but no
rush due diligence and searches
• Mining and mineral
• Service media in, on or over the land- utilities –
is it possible to get the services on the land?
Layout of the new building on the site • Whether the plans will be accepted- any adverse
rights that affect that
• Housing development to the right- may impact the
development in terms of development and
permission and vehicle access/ disruption
• Access to the land and public access? Will access
need to be developed
, • Previous use- likely to be contamination from
previous use
• May be agricultural ties- contracts left?
Transport links and infrastructure
• Plans for Nottingham express tram second line-
could disrupt plans.
• May be directly affected is it coming through the
land? Close proximity?
• Cost of intrusive surveys- cost analysis on getting
specialist surveys
Contaminated land:
• Former industrial land may have pollutants- who is
responsible for the clean-up and removal? The
onus is on the buyer by virtue of caveat emptor.
• Remediation budget for the clean-up: will be part of
the cost-benefit analysis
• LA has register of contaminated land in the area but
not always up to date. When developers apply for
planning permission, often a condition of planning is
the clean-up.
• Environmental protection act 1990- parties have to
identify whether there is a piece of contaminated
land. S.78 concept of contaminant linkage.
