Isabelle has extensive experience advising registered providers and private developers on the acquisition and disposal of land for development. She advises on Section 106 schemes, mixed tenure developments and extra care schemes. Isabelle regularly deals with the negotiation of complex development agreements, conditional contracts and option agreements, in the context of affordable and private housing development schemes across the country. She also advises on large scale regeneration schemes and deals with commercial lease work acting on behalf of landlords and tenants.
She has been recognised as a ‘Next Generation Leading Lawyer’ and ‘Rising Star’ in the Social Housing sector by the Legal 500 for the last four years.
- Registered Provider: Leading on the acquisition of over 500 affordable dwellings for a major registered provider, across 10 schemes for a combined consideration of over £63m. Negotiating complex phased golden brick development agreements with a major national house builder.
- Registered Provider: Advising a registered provider on the acquisition of a block of shared ownership and affordable rented flats. Negotiating a conditional development agreement containing complex ‘CIL’ provisions and an estate transfer that included step in rights to carry out infrastructure works in the events the developer defaulted. Advising on complex title issues regarding access to the site.
- Registered Provider: Advising a large registered provider on a land led scheme in Sussex, which involved complex negotiations with Network Rail and the seller. The seller was developing a new station car park under the same planning permission as the RP’s consent for residential development. Due to unusual pre-occupation planning restrictions, we negotiated step in rights with the seller and Network Rail to enable our client’s development to proceed if the other developer defaulted in respect of construction of the car park.
- Registered Provider: Advising on the acquisition of a £20m bespoke extra care scheme with a major national house builder, outside their usual framework development agreement
- Registered Provider: Advising on a complex acquisition of a development site for a large RP, which included advising on the procurement compliance of the proposed arrangements to implement the scheme and identifying a solution and risk mitigation strategy to ensure the RP could deliver the scheme. Also advising on structure of the deal to ensure tax efficiency in terms of VAT and SDLT.
- Registered Provider: Advising on the purchase of land for 148 affordable housing units across four s106 development sites in Sussex, Hampshire and Cornwall from a major house builder and its subsidiary companies. Dealing with complex negotiations of development agreements, including planning conditionality and step in rights, where appropriate.
- We also advised on the process to obtain a waiver from Homes England on sites that were in a designated protected area and therefore subject to restrictions on staircasing of shared ownership units
- House builder: Acting for a national house builder on the acquisition of a 150 unit development site in the South West. Negotiating land agreements, together with option agreements for future phases and complex overage agreements. Exercising option agreements and completing transfers. Acting on the sales of the affordable units to a registered provider by way of ‘golden brick’ development agreements.
- House builder: Acting for a national house builder on the disposal of affordable housing at across various development schemes throughout the South West, pursuant to complex golden brick development agreements. Negotiating option agreements for the disposal of future phases.
Isabelle Clement is outstanding. She is so responsive and clear in her advice. Always happy to get involved and go the extra mile.
Legal 500 UK 2021