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Kerry Addison and Stephen Firmin talk about the Biodiversity Net Gain requirements which will become compulsory for all planning permissions granted in England from November 2023. Any landowner with future proposals either for development for their own purposes or for selling land for development whether by way of an Option or Promotion Agreement will need to be aware of the biodiversity net gain (BNG) requirements that will become compulsory for all planning permissions granted in England from November 2023. BNG was introduced by the Environment Act 2021 which contained provisions for a 25 year environment plan for land in England. BNG is a way in which developers are required to contribute to the recovery of nature whilst still being able to develop land. The aim is to ensure that the natural habitat is in a better state than it was before the development took place. Apart from certain specific exemptions (for example: applications by householders and other small scale developments), all planning permissions granted in England will need to deliver at least a 10% BNG. Some Councils in Essex have already indicated they will be requiring a 20% BNG. How is it measured? BNG will be measured by Natural England
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Ben Jerome and Kriti Sherchan talk about planning obligations, S106 agreements and the Community Infrastructure Levy (CIL) A planning agreement made under S106 Town & Country Planning Act 1990 is a legal obligation entered into by a land owner designed to mitigate the impact of a particular development proposal, not just on the development site, but, on the surrounding area. If a land owner has already entered into an option or a conditional contract, the developer will also need to be a party to the agreement. The planning agreement runs with the land; it is legally binding on subsequent owners as well as the Council and registered on the local land charges register. It will be revealed to any party interested in buying the site later whether it is to a developer or to a private individual buying a home to live in. Section 106 Agreements are negotiated and entered into with the relevant local Planning Authority and (depending on the nature of the obligations) with the County Council/relevant Highways Authority. These bodies will use their in-house legal department or external lawyers to act for them. In some cases, and usually when a developer has made an appeal against a
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Fiona Gibson and Kriti Sherchan talk about what is classed as strategic land, some of the common issues and points to consider. What is Strategic Land? When Developers, Land Agents, Solicitors and Promotors refer to Strategic Land Agreements, they are usually referring to the following: Strategic Land Agreements come in all shapes and sizes (the same as development projects) and there is no “one size fits all” approach. Whilst there are common issues that would apply to any Strategic Land project that a Land Owner, Agent, Solicitor and Accountant should be considering, there are also key differences in the types of documents and how they work. Conditional Contract Option Agreement Promotion Agreement Common Issues It is key to always consult with your Agent, Solicitor and Accountant as early as possible in the project to ensure that the initial Heads of Terms reflect the key objectives for the land owner and set out how these are going to be achieved. Points to consider: Whatever agreements are proposed to be entered in to, it is important to keep a flexible attitude: things will change, issues will arise that no one anticipated and the Developer and Land Owner and their respective Solicitors will
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Stephen Firmin and Fiona Gibson talk about conservation covenants and how they can be used to support the delivery of Biodiversity Net Gain. Conservation covenants came into being under the Environment Act 2021 as part of the government’s 25 year plan to improve the environment. That plan sets out how it will protect and improve wildlife and habitats. Conservation covenants fall within the new environmental land management system (ELMS) and are also used to support the delivery of Biodiversity Net Gain (BNG) in relation to new developments. What is a “conservation covenant”? It is a private voluntary agreement between a land owner and a “responsible body” to do (a positive obligation), or not do (a restrictive obligation), something on the land for the purpose of conservation for the public good. There must be a conservation purpose and a public good. Conservation covenants run with the land, which means that they bind future land owners as well as the initial owner who signed up to the agreement. Such covenants will be registered as local land charges by the responsible body. Who is a “responsible body”? Under the Environment Act 2021, the Secretary of State is named as the responsible body with
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The right support, and always asking why – Anisa Khan gives us her perspective as a trainee in the private client department at TSP, working with Fiona Ashworth. I think one of the most common misconceptions that arise when you learn something new is to be a sponge, to absorb everything. Although this is a great thing to do in theory, it’s not always practical. It’s all well and good to take everything in, but to become a well-rounded and competent solicitor it is important to understand the why. Why does Fiona, who has 24 years of experience, advise a client to do something in a certain way and why are certain words used when we are drafting a document and why do we show up in a particular manner in different settings. The question of why, has been a common theme within my first seat in Private Client. A question which as a child you may have asked a lot, but as an adult, for reasons beyond my understanding, we can feel embarrassed to ask too many times. However, having the right supervisor and colleagues who are willing to answer these questions and point you in the direction of
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