Regeneration

New regeneration companies: bto set up and incorporated an urban regeneration company (URC) to regenerate several areas owned by a private company. bto also advised an emerging URC with regards to its constitutional options, governance issues and members’ agreement among the founder partner bodies. For example, this work involved providing and presenting to the URC Board, a report considering the legal issues arising from adoption of charitable status and thereafter obtaining registered charitable status for the URC.
Tripartite housing project: bto advised a registered social landlord, newly created for a proposed housing stock transfer, in the acquisition of areas of land transferred or to-be-transferred to a “developing” registered social landlord for regeneration purposes and thereafter to our client, an acquiring landlord in a large scale housing transfer. We had to see that this tripartite transaction was initiated on the right footing to ensure that our client’s and its lender’s interests were protected.
Major new-build regeneration: Acting for the acquiring landlord, taking on over 7000 residential units, bto assisted in negotiation where a key element of our client’s business plan required demolition of over a third of the transferring housing stock with a major regeneration and new-build programme to follow, all of which required to be properly provided for in the contractual transfer and funding documentation (with both government and lenders).
Options Appraisal: Advising a local authority and providing an Options Appraisal Report considering the wide variety of options available to the client to progress a regeneration project. Also, examining the various legal structures open to the client to achieve its goals.
Major regeneration project: Acting for a newly created URC - a company limited by guarantee (set up as a charity with a trading subsidiary) - and, among other things, advising on:
- Land transfers from the local authority.
- Employment aspects of the adopted group structure with associated TUPE issues.
- Procurement matters, from initial tender notices to evaluation of bids received.
- A long term agreement with a development partner (identified through a tendering exercise).
- Community benefit provisions to ensure that the URC’s goal of improving employment opportunities was achieved.
- An Independence Agreement among the parent URC and its subsidiary.
  Arrangements with the NHS for development of a community health campus.
- Planning matters and relevant planning agreements.
Partnering contracts: Working with The Association of Consulting Actuaries and English law firm Trowers & Hamlins to produce a standard form contract for project partnering in Scotland.
Joint venture: Undertaking commercial work for a joint venture company established by a local authority and an NHS Trust, bto having advised regarding the constitution of the joint venture company. In the context of the joint venture, property assets are pooled/disposed of and the proceeds used in a regeneration programme. This is a multi-million pound project.
Consortia: Acting for housebuilders in joint ventures and consortium arrangements for various projects, often including local authority landholdings.
Land contamination: Advising a developer seeking redress in respect of land acquired that was found to have been contaminated, requiring remediation work in terms of the Environmental Protection Act 1990, considering the remedies available to the client against previous owners and seeking a practical solution. The site has since been developed and marketed.
Roads: Advising on a local authority’s rights and obligations under the Roads (Scotland) Act in relation to verges and access over them.
Planning: Advising on many aspects of the Planning Acts, from Local Plan inquiries to applications for permission, appeals, Section 75 Agreements and enforcement action.

45/51 Hanover Street Edinburgh EH2 2PJ
T: 0131 220 2777 F: 0131 220 0010 E: lawyers@bto.co.uk

48 St. Vincent Street Glasgow G2 5HS
T: 0141 221 8012 F: 0141 221 7803 E: lawyers@bto.co.uk

Regeneration

Experience