Lucy is Forest Holidays Limited’s sole property advisor for all sites in England and Wales. She has advised in relation to the drafting and negotiation of Heads of Terms, the due diligence of sites, options, leases, and deeds of variation including site infill (increased density).   

Several sites involve the complex negotiation of easements, access issues, overage agreements, shooting rights, dual freehold titles (for mining and mineral rights) and very complex registered titles. Landlords include separately represented private landlords, the Secretary of State for Environment, Food and Rural Affairs and The Welsh Ministers which operate under a framework which Lucy advised upon in 2022.  Gross developed value of each site is over £20 million plus. 9 active sites in last 12 months. 

Lucy’s work consisted of the following: 

• Review of planning history of the site, working with the client’s in-house planning team 

• Identifying issues as quickly as possible to assist with the design and development of the site 

• detailed knowledge of unregistered land to quickly resolve access issues on sites, 

Michelmores solicitors represent the Secretary of State for Environment, Food and Rural Affairs across most transactions, therefore, key relationship with them is essential for the smooth running and ensured progress of all transactions. 

Advising Milford Haven Port Authority, one of the UK’s leading energy Port Trusts in relation to a compulsory purchase order and subsequent acquisition of freehold land from several different landowners.  The project was of national importance as part of our client’s commitment to net zero involving the regeneration of a large slipway and the development of new facilities including industrial units and office space for the low carbon energy sector under the Swansea Bay City Deal Project.  

The team drafted and negotiated several documents with many separately represented landowners and occupiers. They successfully negotiated and completed complex conditional contracts, agreements for lease, leases, transfers and licences.   

The entire project including construction was dependent on Redkite completing the property transactions within strict timeframes. Frequent and effective communication was used throughout. 

The land was a former industrial estate with heritage features on site, contaminated land with complex registers of titles. We provided practical and commercial advice to the client which resulted in an early access licence for intrusive environmental surveys and complex environmental warranties to mitigate the client’s risk.  

The team have advised Havens Head Retail Park Limited in relation to 4 high value retail tenants in the last 12 months McDonalds Restaurants Limited, Boots UK Limited, Greggs PLC, Sportswift Limited (t/a the Card Factory).  

Some contracts have been conditional on the demolition and construction of the unit and involved complex arrangements surrounding an escrow account to hold landlord’s contribution funds.  The team have also completed licences for alterations and a side letter to document a reverse premium.  

The transaction involved several complex technical issues including the interactions of leases with adjoining properties, missing documents within the title, lender’s requirements and dealing with several different solicitors at any given time.  

The team adopted a multi-disciplinary approach working closely with our construction colleague.  

Negotiated and completed an option for the grant of a lease to a developer for a battery storage facility with a minimum capacity of 30 megawatts and up to 49 megawatts of total installed capacity/battery storage company, to serve renewable energy storage needs. The option is a complicated document that deals with and governs the initial planning application for the development for the site.  

A key challenge was the careful balance to be struck between the existing use and ensuring that the developer had the appropriate rights granted so it could complete its development with the land made available, ensuring that there were no adverse effects on the client’s existing uses. Detailed drafting skills achieved the objective which was facilitated by obtaining detailed and clear instructions. The option contains provisions for an increase of rent where increased capacity to achieved by the developer.  

The agreement is also conditional upon minimum grid capacity and contains provisions as to decommissioning of the apparatus at the end of the contractual term; with appropriate terms for security provided by the developer for such decommissioning, safeguarding the client at the end of the life of the development. Title issues to be resolved included a parcel of unregistered land which needed to be insured against with appropriate statements of truth.  

Acted in the sale of 330 acres of land at Tonna, Neath. The purchaser was The Woodland Trust.  

The transaction enabled the team to demonstrate their project management skills and involved: 

• dealing with existing overage provisions involving the discharge and regranting of a charge 

• exercising an existing right of pre-emption 

• resolving access issues 

• extinguishing an easement 

• exchange of land and grant rights for the installation of a new bore hole 

The deal was strategically important investment for the Woodland Trust. There was also towards the end a high degree of pressure to complete the matter prior to the 2024 October budget; with a likely increase in capital gains tax having a seriously adverse financial impact on your client. The transaction involved a large set of legal problems require a wide knowledge a project management expertise. 

Worked on agreement for lease  with Screwfix on a Property on an industrial estate with a long leasehold title, with unusually restrictive alienation clauses for a long leasehold.  

The lease also contained unacceptable provisions relating to insurance in the lease that needed to be modernised by way of a deed of variation. The team completed and negotiated a number of documents.  

The matter was challenging due to the lack of responsiveness from the freehold reversion (Council) and slow planning process. Three extensions for the agreement for lease were obtained due to the planning exceeding the original long stop dates but our perseverance and tenacity allowed the transaction to recently complete. 

The Property was transformed from being a vacant premises with title defects to being a fully let attractive investment. 

Catrina Thomas is currently completing infrastructure and planning agreements for a development site that she purchased on behalf of the client in 2021 by way of a conditional contract, dependant on planning consent.  

The structure of the purchase was complex, involving two sellers selling two separate parcels of adjoining land. We have also overcome significant issues relating to the site access.  

The client has obtained for planning consent for the development of 52 residential houses. We are currently advising on a Section 106 Agreement and an infrastructure agreement for the supply of electricity to the site.   

The team are also advising upon a Section 38 Agreement for the adoption of the roadways on the development and Section 104 Agreement for the adoption of the drainage on the development. 

The team are also liaising with the client’s lenders in respect of a charge to be placed against the site to fund all construction aspects. 

Dunraven Estates Limited is a significant landowner in South Wales principally, but has land holding elsewhere in the UK.  

This matter relates to a long running option to grant a lease to a developer for the development of a very large solar park. Jonathan acted in the completion of the option in August 2021, and this is a five-year option.  

The option covered numerous commercial terms and the requirements of such a large site required several different easements and rights to be factored in, all of which required deft and sophisticated drafting to ensure that the interests of the client were protected.  

Other issues that required resolution included unregistered land within the proposed scheme had no paper title requiring an application for adverse possession; the release of a restrictive covenant with the National Coal Board and completion of a section 106 agreement, which was a requirement of the developer’s planning permission. 

The team acted on behalf of pension trustees in respect a unit on the Pantglas Industrial Estate, Bedwas, Caerphilly in respect of: 

• an agreement for lease conditional on the proposed tenant obtaining satisfactory planning consent for industrial development and a change of use; 

• a licence to occupy to allow the prospective tenant to carry out some site clearance works and site storage; 

• a 10 year lease to Eco-Brix UK Limited; 

• a licence for alterations allowing the tenant and prospective purchaser to physically transform the unit; and 

• An option to purchase the unit for £2.4 million. 

The transaction was particularly complicated as it involved 3 freehold titles and a leasehold title.