Strategic land and rural development

Strategic land and rural development

You are represented by a team that specialises in advising landowners, developers, and land promoters involved in development projects. With particular experience in advising landowners with greenfield or brownfield land for development, we understand the unique needs and interests of each party involved.

We have a clear understanding of the relationship between the different interests of the parties involved and work collaboratively to drive projects forward, whilst upholding and preserving your interests. We pride ourselves in being not just lawyers, but strategic advisors with an interest in and awareness of the sector from a commercial and political perspective.

When acting for you as a landowner, we work closely with your retained advisers (including your retained lawyers) to progress, negotiate, and deliver the initial development agreement. We meet with you and your agents, inspect your potential sites, and assist with the process of interviewing and selecting a business partner, whether it be a land promoter or a major housebuilder.

Every project has its own commercial drivers and hurdles, and we ensure that all aspects are carefully considered, and your particular interests are prioritised. We offer a dedicated team who will see your project through all its stages, providing continued support and advice as it progresses.

What we advise on:

  • Strategic land acquisition and site assembly
  • Advising on title issues including restrictive covenants, easements, and wayleaves
  • Property holding structures
  • Conditional contracts, options, hybrid option/promotion agreements, and promotion agreements
  • Overage agreements
  • Equalisation of sale proceeds via land pool trusts and other collaboration agreements
  • The mechanics of the planning process, securing an allocation in the Local Plan, planning application, s106 agreements, community infrastructure levy, and compulsory purchase orders
  • Construction procurement
  • Forward funding and development finance
  • Infrastructure provision
  • Disposal of developed units
  • Tax planning and advice

Key experience

Strategic site sale

We are  acting with three local surveyors on the sale of a site with planning permission for 3,400 dwellings. There are eight landowners involved and the promotion of the land has taken from 1995 to 2023 to come to fruition. We have advised the landowners over the years including advice on tax planning and section 106 matters. We advised on the completion of section 106 agreements, monitoring progress of the development agreement and on the contract for sale to two developers. The sale has involved deferred payments for being over £30 million secured by a first legal charge over part of the site and an on-demand bond guaranteeing payments from a 3rd party bond provider. We advised on overage agreements in respect of future development of a greater number or greater density of housing as well as the use of land valued as non-developable.

Large scale development

We advised on a large-scale development for a site of over 300 acres with multiple landowners, where the client is the major landowner. The site forms part of a much larger estate, and the purpose of the development is intended to fund the preservation of the remainder of the estate. Accordingly, legacy was also an important consideration to the family, so appropriate mechanisms are built into the agreement to require developer collaboration throughout.

Strategic land project

We recently advised a landowner on the negotiation of a strategic land development agreement at the Cambridge end of the Oxford – Cambridge Arc, over a site also of approximately 1,300 acres with plans for up to 8,000 new homes and major infrastructure improvements, including a link road and a railway station. The agreement structure is a hybrid promotion/option agreement, with the promoter having the right to acquire part of the site. The legacy of the development is an important factor to the family, so a well renowned local housebuilder is part of the agreement, to ensure delivery of quality housing.

Strategic site

We acted for the landowner on a strategic site of just under 800 acres. The estate comprises significant land holdings and a heritage property that is under the control of the National Trust. The site will be a new town settlement delivering approximately 5000 homes and will be the hub of significant new infrastructure with additional community assets, such as health care, schools and community facilities. On account of the scale of the development, there will also be extensive commercial and retail space.

Redevelopment of Greenwich Peninsula

Forsters continues to be the sole provider of legal advice to Knight Dragon in relation to its comprehensive redevelopment and regeneration of Greenwich Peninsula – a 150-acre site adjoining the O2 Arena. The £8.4 billion scheme will provide 15,750 residential units alongside 23,000 sq m of retail and restaurants, nearly 60,000 sqm of offices, 36,000 sqm of hotel space, 38,000 sqm of education facilities, and an iconic transport interchange in place of the existing North Greenwich tube station.

Meet our team