Site acquisition and vacant possession

FORTHCOMING CHANGE: The Renters’ Rights Act 2025 received Royal Assent on 27 October 2025. For guidance regarding the Act’s impact on residential tenancies in England, see Practice Note: Renters' Rights Act 2025—key provisions.

The viability and success of a development site depends on obtaining satisfactory answers to a range of legal and practical questions. While attention tends to focus on the headline commercial terms of a deal, and on major issues such as planning permission, highways agreements and environmental investigations, it is essential not to overlook issues that may cause significant delay, or even preclude successful development.

Access

Direct access to the highway can be fundamental to the viability of a development. In Gooden v Northamptonshire County Council [2001] All ER (D) 283 (Nov), local authority (LA) replies to enquiries indicated (wrongly) that a footway providing access to the land was part of the highway and maintainable at public expense. Relying on that reply, the developer acquired the site and obtained planning permission for residential development. The LA subsequently informed the developer that the footway had not been adopted. The developer sued

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