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Development of Forty-two-unit Light Industrial Scheme

Our Commercial Property team was instructed to act for the commercial developer on the acquisition of a brownfield site for the development of a forty-two-unit light industrial scheme aimed at local starter businesses.

Background

Darwin Gray’s Commercial Property team was instructed to act for the commercial developer on the acquisition of a brownfield site for the development of a forty-two-unit light industrial scheme aimed at local starter businesses and funded by Development Bank of Wales. The scheme itself is one of the largest new build developments of its kind in recent years in the local authority’s area.

The acquisition contracts from two separate sellers were conditional on an acceptable planning consent being received for the proposed development and involved both deferred consideration (where the purchase price was not due until a year after completion) and development obligations (involving leasebacks to the Seller), which were secured by legal charges registered against the titles to the property.

Our support

Our team advised on complex planning obligations via a s106 agreement with the Council covering detailed training and development commitments from the developer, in accordance with Council’s requirements for the site.

We negotiated appropriate easements concerning access and services with adjoining owners and statutory agreements with Welsh Water and Western Power Distribution to ensure all appropriate services were put in place to service the development. Furthermore, we dealt with all construction elements across the development including advising on building contracts, professional team appointments, bonds, structural guarantees and collateral warranties.

We advised the client on compliance with all Development Bank of Wales conditions precedent, contained in its development finance offer letter, including the provision of new security on the bank’s favour and the discharge of existing security. This also involved the removal of restrictions on title to enable the unit sales to proceed as planned.

Once construction began, we were instructed to dispose of the units in the development off-plan by means of 999-year leases containing a service charge to deal with the common areas of the new industrial estate.

Outcomes

Practical completion of the first and second phases of the new development is due to occur in November 2020. It has proved to be a very popular scheme with its target buyers, despite the current challenging economic circumstances providing a much-needed site in this particular local authority area for fledgling and growing local businesses to acquire starter properties.

Darwin Gray’s excellent relationships with the client’s professional team, appointed agents, local authority planners and the funder are instrumental in the ongoing success of the scheme.


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I have worked with Darwin Gray for a number of years and the level of service, professionalism and timely response is second to none. I would highly recommend Darwin Gray to any business.”

Becs Beslee, Dice FM Ltd

Darwin Gray have provided us with a first-class service for many years now. They really take the time to understand our business and develop relationships which results in advice and support that is contextualised and effective.”

Rebecca Cooper, ACT Training

We have worked with Darwin Gray for several years and have always found their services and advice to be first class.”

Karen Gale, Stepping Stones Group

An extremely professional and sincere company who make time for your queries and understand the need to break down certain facts and information to ensure everything is understood perfectly. I would highly recommend the company to anyone looking for any type of legal advice”

Gwawr Booth, Portal Training Ltd

PSS has worked with Darwin Gray for many years. We have always received an excellent service. Prompt and professional advice and support.”

Ledia Shabani, Property Support Services UK Ltd

We have used several departments within DG recently and we have been very pleased with an effective, efficient and down to earth service. Very happy thus far and I expect that we will continue to use DG.”

Guto Bebb, Farmers’ Union of Wales

Darwin Gray offer us truly superb services. Very professional, quick and services available bilingually which is very important to us, highly recommend.”

Iwan Hywel, Mentrau Iaith Cymru

My “go to” in urgent and time sensitive cases for direction, support and advice. The team are quick to respond to calls or emails for advice and support on all matters. Always explain complex matters in a way a lay person can easily understand.”

Margot Adams, Guarding UK Ltd

Darwin Gray have acted for myself and my company over a number of years and at all times we have been treated with a professional manner yet maintain a common-sense approach at all levels. We couldn’t recommend them more highly.”

Simon Baston, Loft Co

We have been clients of Darwin Gray for many years; they’ve always dealt with all of our legal matters with such professionalism. They work around us, even during awkward hours, and we feel confident we can always rely on them.”

Louise Williams, ACT Training

Darwin Gray has been acting for Siltbuster for more than ten years. We would have no hesitation in recommending Darwin Gray to other organisations small or large.”

Richard D Coulton, Siltbuster Ltd

From the very first conversation, I had no doubt that Darwin Gray should be the firm to receive our instructions on this matter. I would have no hesitation in recommending Darwin Gray.”

Sandra Warr, Tomos TV

We regularly instruct Darwin Gray. Their service in dealing with our transactional matters and disputes is always professional, prompt and efficient.”

John Poppleton, Absolute Property Management Solutions Ltd

Darwin Gray guided me through a long and extended process that would have been much more difficult had it not been for their patience and constant support.”

Ifan Lewis

Excellent and efficient service. Great result achieved, highly professional and transparent on pricing. Would recommend.”

David Stevens

Superb legal service provided. Exceeded expectations. They went above and beyond in order to provide the best service possible.”

Huw Pickrell

Very professional and understanding. They were a calming influence in a very troubling situation and they brought it to a very successful conclusion”

Rachel Jones

We have used Darwin Gray and have been seriously impressed. The personal approach is what Darwin Gray are excelling on and is the reason why we will continue to work with them in the future.”

Cadwyn Housing Association