Development Contracts and Overage

Landmark is unique in having acclaimed expertise in both planning and property & real estate law, making us well placed to handle work involving the intersection between these two fields, including in particular commercial disputes arising out of contracts relating to development and infrastructure, and out of overage provisions in contracts for the sale of development sites. Where appropriate in such cases we can offer clients a two (or more) counsel team including a specialist in property and a specialist in planning, which can provide a litigation advantage against opposing counsel teams with a single specialism.

We are experienced in handling such disputes both in court and through arbitration, as well as acting for clients in mediations established to explore options for potential settlement. In addition, Landmark’s barristers are often appointed to act as arbitrators and mediators in cases of this type.

Cases include:

• Council of the City of York v Trinity One (Leeds) Ltd [2018] EWCA Civ 1883 – on the interpretation of planning agreements under s.106 of the Town and Country Planning Act 1990 and R (Renaissance Habitat Ltd) v West Berkshire DC [2011] J.P.L. 1209 on the enforcement of such agreements;
• Minerva (Wandsworth) Ltd v Greenland Ram (London) Ltd [2017] EWHC 1457 (Ch) – a 13 day Chancery Division trial of a £multi-million claim relating to overage provisions in a contract for the £135m purchase of the Ram Brewery site in Wandsworth by China’s Greenland Group;
• Sparks v Biden [2017] EWHC 1994 (Ch) and Renewal v Lowry [2010] EWHC 2902 (Ch) – two important cases on the implication of terms into overage provisions in a contract for the sale of development land;
• Manchester Ship Canal Company Ltd v Environment Agency [2017] EWHC 1340 (QB) – a £13m claim under a 55 year old contract between the Mersey River Board and the Manchester Ship Canal Company relating to infrastructure works on the River Irwell, raising issues of principle relating to the interpretation of arbitration clauses;
• Arbitration proceedings concerning a dispute between the Environment Agency and a harbour company regarding the interpretation of a contract between them relating to the maintenance of harbour infrastructure;
• Two arbitrations (involving issues of planning law and construction of contracts) between major retailers under agreements to sub-let half of a large shed on two different sites. Following the sudden halt on expansion plans the prospective tenant sought to rescind on the ground that the planning permissions which had been granted were granted subject to onerous conditions as defined in the relevant agreements;
• Advising a local authority on whether it could terminate a development agreement for the regeneration of a housing estate and what damages might be claimed if it were found to have done so unlawfully.