Jo Morgan

Jo’s client work is focused in the Development sector, and she acts on behalf of a number of established developers and landowners across the region. She is primarily involved in site acquisitions and disposals, conditional Contracts, refinancing, site setups, associated section agreements, options, overage agreements and sub-sales.

She is also experienced in handling the buying and selling of commercial property primarily in the leisure and tourism sector. This includes advising on all aspects of property dealings within a business transfer for a range of businesses including touring parks, mixed leisure facilities, holiday complexes, food outlets and beauty salons.

Notable Commercial Property cases

• Option, Section 106 and Sub Sale on Development Land
  

  Work included advice, investigation of title and due diligence to secure a call Option with associated Overage Agreement, acting in the agreement for the section 106 which resulted in planning consent for 36 homes with an affordable and open market mix.

  The exercise of the Option was then co-ordinated with a back-to-back sub sale of part and advice given to deal with the access requirements, services and initial infrastructure to enable the development parcel whilst ensuring protection of the client’s retained land.

• Site Setup and Plot Sales
  

  Acting in the setup of a luxury development with a mix of shared common parts. Advising client in initial setup phase to include advice on creation of a Management Company, pre-approval of site plans by the Land Registry, advice on shared facilities and rights of access and services required by each property. Then dealing with the successful sale of each unit and transfer of common parts to the management company and conclusion of the site.

• Purchase of Touring Park
  

  Purchase of touring park, mixed-use development and grade II listed building. Acting in the acquisition of a mixed-use site and transfer of campsite business. Work included commercial due diligence, advice on site specific licence arrangements, rectification of inadequate service arrangements and easements as well as agreeing terms of the Asset Purchase Agreement.

• Purchase of a Business Park
  

  Acting in the purchase of a business park in Cornwall subject to a number of pre-existing business leases and involving a private finance arrangement. Dealing with the due diligence required for the purchase, reporting on the occupancy rights, planning position, easements and co-ordinating with the 3rd party Solicitor to satisfy their due diligence requirements and ensure funds release.

• Acquisition of Development Land
  

  Acting for a development company in acquisition of development land over £700K. Work included advice on conditions of planning consent, Section 106 obligations, impact of covenants that bind the land and advice on specific searches and investigation to be carried out for land to be developed.

• Purchase and Development of Old School
  

  Purchase of a development site of an old school building acquired from an education charity trust. Due diligence included liaising with a non-exempt charity and resulting considerations. Advice given on acquiring ongoing commercial property and use change to a development site. Dealing with consideration for access and service requirements and conditions of an existing Planning Consent.

• Re-finance of Development Site
  

  Re-finance of a development site. Dealing with the refinance of a development site including resolving an ongoing issue regarding inadequate easements and breach of a pre-existing covenant. Outcome included successful coordination of the re-finance with the discharge of ongoing bridging finance, within the required deadline.

• Sale of Commercial Garage
  

  Acting for Client in the sale of commercial garage business where timings on exchange were critical to co-ordinate with the closure of the business, notifications to staff and surrender of an MOT licence. Part of the deal involved an exclusivity agreement, and the title consisted of land which was both registered and unregistered. The incoming purchaser’s solicitors insisted on a first registration application being made for the unregistered elements which resulted in land falling outside of the completed registers and a subsequent adverse possession claim being submitted successfully and further negotiations and discussions in relation to this. The deal involved last minute negotiations by the purchaser at the eleventh hour to renegotiate tax provisions in the contract.

• Purchase of Hotel on North Coast for redevelopment
  

  Acting in the acquisition of the a hotel on the north coast of Cornwall which our client wished to purchase for residential development. There were a number of other developers interested; therefore our client needed to move swiftly in a pressured deal and secure the property at the earliest opportunity. To assist with this an exclusivity agreement was entered into and due diligence then carried out on the hotel where an active business was being run.

  On investigation it transpired that there were restrictive covenants preventing the use of the property for development and which could potentially be enforced and we worked with the seller’s solicitors to submit an application to the Land Registry for removal of the covenants successfully to remove the risk.  We also dealt with an overage agreement secured over the site.  Funding for this matter was achieved by complex layered finance, requiring us to deal with two further third-party solicitors, a primary lender and a mezz funder. We successfully completed within a deadline time frame.

• Commercial development land for a Charity – various development matters
  

  Initially acting in a certificate of title for a sewage diversion required by South West Water from our client. The sewage works were a prelude to extensive development works being carried out across a large commercial site spanning three titles where our client holds a leasehold interest and consents are required from the Landlord. Following successful completion of the certificate of title for South West Water, we were instructed to deal with a legal charge associated with a grant funding agreement directly with Cornwall Council and subsequent finance documents associated with grant funding agreements. Our lender’s solicitors stipulated a need for a licence to alter the structure and a deed of variation of the existing leases of our client. Simultaneously with the current matters our client is negotiating with a third funder for statutory funding who have offered our client funding but stipulated that it is subject to agreeing the lease variation which we have successfully completed.

• Acquisition of Development land/Sale of New Build Properties
  

  Acting in the acquisition of development land and subsequent advice in relation to the development set up of the plots, advice provided on the Section 38/Section 278 Agreement, advice provided on a variation of Section 106 for the site and subsequent sales of seven plots including two affordable dwellings.

  Clients acquired the site which was subject to an existing Section 106 Agreement stipulating details of the affordable housing. Also salient on the land were rights over the retained land of the original seller to install and thereafter drain a private drainage system crucial to the development of the site. Following the original acquisition and subsequent discussions with affordable providers our client then needed to vary the Section 106 Agreement to amend the open market discount rate to fit with the provider’s criteria. The location of the affordable dwellings also needed to be varied. We successfully agreed a variation on behalf of our client which enabled the affordable units to be sold and sales of these two properties are currently on going. There are a further five units on the site currently being marketed.

  As part of the development set up we obtained plan approval by the Land Registry to the site and our corporate team provided advice on appropriate management company to be incorporated and this was then set up and all referenced within the development documentation which was then drafted.