Development: Can You Build, Can You Access?

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With high demand for building land, an increasing number of developers are turning to land that has some level of private restriction making it difficult to build, even where planning permission has been obtained. This session will look at the practical considerations for developers and investors in deciding whether development may be suitable:

• Accessibility and private rights of way: can you build; can the development use the right of way? McGill v Stewart; McAdams Homes v Robinson
• Restrictions on use: assessing whether these be changed, and practical ways of overcoming them; Fosse v Urban Projects; Collins v Howell; Derreb; Holland Park v Hicks
• Neighbouring owner’s consent: can they simply say ‘no’? Cryer v Scott Bros
• Checking the boundaries of the land to maximise development value: Alan Wibberley; Trevallion v Watmore; Drake v Fripp

 Sarah Thompson-Copsey, Non-Practising Solicitor, Legal Lecturer and Trainer