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Commercial Property e-news

Planning consent and developments within the Lake District National Park

Napthens - August 12th 2019

Sometimes we showcase work achieved by other professional practices with whom we work and this project deserves highlighting given its location, the aspiration of the design and what has been achieved.

What is an option agreement?

Napthens - August 9th 2019

With a growing number of landowners across the region marketing their land for development, option agreements are growing in popularity as a method of structuring deals and harvesting interest from potential developers. We explore some key issues in relation to options.

I want to break free

Napthens - July 6th 2018

A recent High Court case has highlighted the importance of clear drafting on commercial let agreements and the costs and problems that can arise if agreements and terms are not clear.

The National Planning Policy Framework – unravelling the draft proposals

Napthens - July 6th 2018

The National Planning Policy Framework (NPPF) was published in 2012; it sets out the government's planning policies for England and how these are expected to be applied. Six years on, consultation (which concluded in May of this year) has taken place on a revised NPPF which introduces some key changes to this document.

Stating the obvious: overage and implied terms

Napthens - October 23rd 2017

Commercial property partner, John Lomax looks at the recent case of Sparks v Biden [2017] EWHC 1994 (Ch). This case gives guidance on how the courts will make use of implied terms to deal with situations whereby potential overage liability is avoided on technical grounds.

Premises licence review before purchase

Napthens - June 19th 2017

Often when purchasing hotels or public houses, the premises licence is the last document to be reviewed. This can be dangerous and may cause major issues once trading commences. Prior to purchasing/leasing a licensed premises, the premises licence should be assessed and any due diligence carried out promptly. It is key to ensure, firstly, that the premises licence is still active and has not lapsed for whatever reason.

Squatters occupying commercial premises

Napthens - June 19th 2017

The national press has recently covered a story whereby a group of travellers broke into the car park of a well known Lancashire Business and occupied the premises by preventing access to the site by putting their own locks on the factory gates. According to the Daily Mail, it is alleged that the travellers demanded a ransom to be paid by 10:00 p.m. that evening or they would burn the factory down.

Never overlook construction documents

Napthens - May 3rd 2017

In a series of articles, Leigh Child, Senior Associate in the Construction team at Napthens, looks at the importance of construction documents underpinning a commercial development from both the perspective of the developer, and starting with interested parties such as purchaser, tenants and funders.

Side Letters – warning to landlords

Napthens - May 3rd 2017

The recent case of Vivienne Westwood Limited v Conduit Street Developments Limited could have a significant effect on the application and enforcement of Side Letters to commercial leases.

Planning Promotion Agreements

Napthens - February 22nd 2017

With the Government committed to providing more housing and a relaxation in local planning laws, our team is seeing an increasing trend in the use of Planning Promotion Agreements.

The Minimum Energy Efficiency Standard for Commercial Property

Napthens - December 2nd 2016

The minimum energy efficiency standard was introduced in March 2015 by the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regulations) which came into force on 1 April 2016 and introduced a minimum energy efficiency standard. Commercial properties with an ‘F’ or ‘G’ Energy Performance Certificate (EPC) rating, being approximately 18% of commercial properties, will need to undergo works to improve their energy efficiency.

Property Development: is the Northern Powerhouse fighting back Post-Brexit?

Napthens - August 25th 2016

With the dust starting to settle on Brexit, is the ‘Northern Powerhouse’ fighting back to keep its hat in the ring when it comes to the New Housing Sector?

What’s happening in the East Lancs property market?