Site acquisition and vacant possession

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 the council, claiming that he would not have bought the site had he received an accurate reply to his enquiry. He lost.

The Court of Appeal held (by a majority) that the standard enquiry is ordinarily

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