Whether the requirement is from a developer or an owner, Kirkby Diamond Chartered Surveyors and Chartered Town Planners can help by providing detailed advice.

Whether the requirement is from a developer or an owner, Kirkby Diamond Chartered Surveyors and Chartered Town Planners can help by providing detailed advice on numerous issues such as; land use appraisals, feasibility studies, planning applications, enforcement notices and the preparation of planning appeals.

How much or how little the firm is involved is at the discretion of the client. As Project Managers, Kirkby Diamond can advise on all aspects of a development project and provide a fully co-ordinated, comprehensively costed package catering for everything, from funding and design through to construction and occupation.

Contact the Planning & Development team at Milton Keynes or view the following services for more information:

Land or property owners close to major road schemes or construction projects may find themselves served with a Compulsory Purchase Order.

Land or property owners close to major road schemes or construction projects may find themselves served with a Compulsory Purchase Order.

We have extensive experience in submitting and negotiating compensation claims and where necessary taking cases to Lands Tribunal.

The Compulsory Purchase Team also has a detailed knowledge of the laws covering compulsory purchase, including procedures for objecting to Compulsory Purchase Orders and making representations at Public Inquiries.

Contact the Compulsory Purchase and Compensation team at Milton Keynes or view the following services for more information:

• Road Scheme Compensation
• Objecting to Orders
• Blight Notices
• Disturbance
• Pipelines & Powerlines
• Telecoms
• Remediation & Reinstatement
• Wayleaves & Easements
• Dispute Resolution
• Ransom Strips & Strategic Land
• High Speed Two (HS2)

The days when the majority of land was sold without reservation seem long forgotten. For many landowners, the Government’s growth agenda, under which more land is to be bought forward for development, has highlighted the need to safeguard their position through the reservation of some benefit from future planning gains at the time of disposal.

The days when the majority of land was sold without reservation seem long forgotten. For many landowners, the Government’s growth agenda, under which more land is to be bought forward for development, has highlighted the need to safeguard their position through the reservation of some benefit from future planning gains at the time of disposal.

In some cases, this might involve nothing more than a simple restrictive covenant. In the majority of cases, however, something very much more complicated is required. ‘Clawback’, ‘Uplift’ or ‘Overage’ agreements are now the most frequently used devices to secure ‘a slice of the action’ from a planning opportunity yet to be realised at the time of disposal.

Each arrangement offers a slightly differing basis for sharing in a proportion of any increased or enhanced value realised at an unspecified future date. However, against an often clearly expressed intention when negotiating the terms of a disposal, many agreements fail to deliver the level of benefits intended, are unenforceable or unworkable. To add insult to injury, many also carry with them unwelcome and often unexpected tax implications which, in extreme cases can result in a tax charge without any guarantee that the value upon which the charge is made will be realised.

For anyone considering disposing of land subject to a restriction or reservation of this sort specialist advice should be obtained prior to negotiating the terms of disposal. Whilst in the majority of cases, the benefit of good advice will not be realised until sometime after the transaction has been completed, it is a matter, none-the-less, upon which specialist advice should be obtained in order to avoid future disappointment.

Option agreements - which give prospective purchasers a right to buy a property at a predetermined price within a specified timescale, have been used to good effect by both landowners and developers for many years.

For landowners it generally means receiving some money ‘up front’ together with a commitment from the developer to promote land and for development. For the developer, in return, it means securing an opportunity and reducing risk and, if successful, a right to purchase at a pre-agreed price which very often represents a discount against market value.

The length and terms of an option agreement are matters for negotiation and require very careful consideration. The commercial terms, such as how much money, when and on what basis – are closely linked to the legal structure and workings of the agreement and cannot be considered in isolation. The implications of completing an ill conceived or poorly negotiated option agreement are profound. Accordingly, the advice of a specialist in this complex area should be obtained before entering into negotiations.

The team of specialist planning and development consultants at Kirkby Diamond has the skills base and the experience and has successfully negotiated and completed option agreements for land owners and developers throughout the region.

The valuation of land under option consequent upon service of a Price Notice Procedure (or any other mechanism) and the interpretation of the enabling provisions and trigger events are matters upon which the team at Kirkby Diamond is regularly asked to advise on. The firms experience in this area is such that its partners are regularly appointed as joint expert valuers to assist in the resolution of disputes.

Whilst development continues to attract conflicting opinions, very few would dispute the role that planning and development has in delivering economic prosperity to a region.

Fundamental to this is the financial performance of the development scheme itself, an aspect that is often given insufficient consideration.

A well planned and executed development should deliver an acceptable level of return to the developer and secure a range of benefits for the local community which might include financial contributions under a Section 106 Agreement.

Appraising the viability of a development scheme or project requires a detailed understanding of both the planning and valuation aspects. With its detailed knowledge of the market and the planning policy framework the team at Kirkby Diamond Chartered Surveyors is able to advise on the optimum development mix and procurement strategy. The team's expertise in this area is second to none and the input of planners and the building surveyors in preparation of development appraisals ensures that a viable solution is found every time.

Developers value the input of the Kirkby Diamond team in preparing and submitting offers and as a means of reducing risk, pre-acquisition. K & D’s input is also respected by many of the major lending institutions. Lending managers have confirmed that the requests for funding backed up by a K & D appraisal are more likely to be given favourable consideration.

The range of skills and experience available within Kirkby Diamond make it the obvious choice for clients that are new to development and for those that wish to scale up the size and value of the projects being undertaken. The delivery of cost effective solutions is fundamental to the success of K & D’s business and the businesses it serves.

Information coming soon