06/15/2017

Martin Billings, partner in the Real Estate department at BrookStreet des Roches, explains how what you might consider a simple right of way, can become a complex one.  In the recent Court of Appeal decision in Gore v Naheed, the court considered the extent to which a right of way in favour of one property could be used to gain access to another property. Whilst on the facts of this case it was found that a driveway could be used to access to an adjacent parking area, it is important to

04/19/2017

Developer John Fisher says the requirement for affordable homes on small developments could threaten the viability - and therefore deliverability - of those schemes. Mr Fisher, managing director of Thames Valley housebuilder T A Fisher, says small developers seeking to maintain a high threshold of quality could find it difficult to incorporate both affordable houses and developer infrastructure contributions on smaller projects. Government changes to national planning policy have sought to

04/06/2017

Rebecca Thomas, Partner - Professional Support at law firm BrookStreet des Roches, explains recent clarification on whether  business rates are due while a building is under refurbishment. The question of whether business rates are payable while a property is being redeveloped has been determined by the Supreme Court in a decision which will be welcomed by owners and developers. Overturning the Court of Appeal decision in Newbigin (Valuation Officer) v SJ & J Monk, it was held that where a

03/29/2017

Following a recent judgement, a rent concession on a property could now be in very different legal territory. Martin Billings and Rosie Gibb, partners in the Real Estate department at BrookStreet des Roches, explain the full implications.  It is not unusual for a rent concession to be documented in a side letter, keeping the arrangement both confidential and personal to the tenant. It is also common for a side letter to contain provisions which allow the arrangement to be terminated if the

03/08/2017

Vail Williams partner Stephen Hill explains some of the effects so far of the controversial rates revaluation.   The Valuation Office Agency has now finalised its revaluation of rateable values. The resultant changes in rate liability will come into force on April 1, 2017 and the new assessments will be used to calculate rate charges for at least the next five years. The arrival of rate demands over the next few days showing these new assessments will be in a number of instances a surprise

07/21/2017

Plans for seven retail units  with 64 flats above at Reading's former Bristol & West arcade went on display in a public consultation on Friday, July 21. Developer Sonic Star Properties, using architect Rodic Davidson and planners from Savills, is proposing a scheme to replace the abortive Brook Henderson development which gained planning permission for a health club and 14 flats, 10 years ago. That scheme was begun but work halted during the recession and most of the site, including 27 - 32

07/21/2017

An agreement has been signed to provide a new leisure centre in Sunningdale. The Royal Borough of Windsor & Maidenhead has signed a memorandum of understanding with Charters School and the Charters School Community Recreational Trust to agree to progress the project to the next stage. The new centre, which would be open to the public including during school hours, would include a six-lane 25m swimming pool, sports hall, health suite, gym and dance studio, as well as changing areas. The

07/21/2017

Major new investment in the Harwell science and innovation campus in Oxfordshire will help the county meet its 2031 target of 85,600 new jobs. The Government has pledged £99 million of funding for Harwell which employs many of the 12,000 people working in the space sector and space-related technologies. The money will fund a new National Satellite Testing Facility (NSTF) which is due to open in 2020 (see image). Between 3,500 and 10,000 satellites are due to be launched by 2025 and the UK wants