Corporate & Commercial

Ferbrache & Farrell LLP’s corporate department offers full service corporate, banking and commercial cover and is able to advise on all aspects of Guernsey corporate and commercial law, including banking and finance, regulatory, investment funds, asset management and listings on The International Stock Exchange (TISE).

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21 February 2024
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Many leases and tenancies contain provisions that restrict activity at, or use of, the property. Typically, use clauses may restrict what is permitted, such as…
Dispute Resolution

The dispute resolution department at Ferbrache & Farrell LLP has vast experience of local and international litigation and dispute resolution generally, gained from acting in complex local and international high-value disputes, both in Guernsey and throughout the world.

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21 February 2024
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Many leases and tenancies contain provisions that restrict activity at, or use of, the property. Typically, use clauses may restrict what is permitted, such as…
Property

The Guernsey property department is dedicated to providing tailored solutions that meet and exceed clients’ expectations. In addition, the property department provides support to colleagues in the corporate and dispute resolution departments on real estate-related technical points of law.

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21 February 2024
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Many leases and tenancies contain provisions that restrict activity at, or use of, the property. Typically, use clauses may restrict what is permitted, such as…
UK Real Estate

We are delighted to help in relation to providing legal advice for real estate in England and Wales. We listen. We learn what your needs are. We proactively respond. Whether it’s personal or commercial property, we always provide sound and pragmatic advice, adding value to the transaction.

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21 February 2024
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Many leases and tenancies contain provisions that restrict activity at, or use of, the property. Typically, use clauses may restrict what is permitted, such as…
Private Client

Our services for private client matters include the drafting of realty and personalty wills, obtaining Grants of Probate, acting as professional executors and assisting foreign lawyers who have requirements in this jurisdiction.

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21 February 2024
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Many leases and tenancies contain provisions that restrict activity at, or use of, the property. Typically, use clauses may restrict what is permitted, such as…

It was Bob Dylan back in 1964 that said “the times they are a-changin’ ”.

That phrase was as relevant then as it is now, particularly so with the seismic geopolitical adjustments we see domestically and internationally.

Although not a seismic adjustment per se, the adoption of the Island Development Plan by the States of Deliberation on 2 November 2016 is a major shift in policy.

It represents the biggest adjustment in planning rationale for well over a decade. In a sense, gone are the outdated shackles of the Urban Area and Rural Area Plans, making way for a flexible single Plan which is designed to be ‘more futureproof’.

We say ‘more futureproof’, because it is very difficult to comment with any degree of certainty as to how this Island community will look in 2026. For it is 2026 that is the planning equivalent of a “best before” date, and when the ten-year lifespan of the Island Development Plan comes to an end. That is unless it is extended by resolution of the States of Deliberation.

We at Ferbrache & Farrell thought it would be helpful to share our practical experiences of the changes so far, now that three months have elapsed since the new regime was implemented.

It is very likely that as the new planning system matures, there will be new opportunities, be they methods of working with the Development & Planning Authority, or the interpretation of the new policies themselves, or even the treatment of the Island Development Plan on appeal.

In our view, the 372 pages of the Island Development Plan have successfully embraced a highly complex and diverse series of planning considerations. The language itself used in the document is subjective in parts, and flexible in tone, designed to assist decision makers (and applicants) rather than to stifle them.

In practice, that spectrum of interpretation gives to the planning officers a scope to engage that they may not historically have had.

In the short time since November, we have witnessed the benefits that early engagement provides, in an open and transparent way. In anything, there is always scope for improvement, but the change in policy considerations (and thus outlook) is refreshing.

A very pertinent example of a change in direction under the new regime relates to parking standards. We should more properly describe these as the “Parking Standards and Traffic Impact Assessment Draft Supplementary Planning Guidance” of November 2016. Getting past the lengthy title, the guidance is actually very clear and quite straightforward. In certain new build developments, and in changes of use, and in extension of existing uses, parking requirements are now set to a maximum standard, rather than a minimum standard. This is a diametrically different position to the old regime. The Planning Guidance also states that although there is an expectation for the standards to be met, they are intended as guidance and are not inflexible.

Even in these very early days, it is already apparent that the statutory ‘toolkit’ for planners has been improved. We are looking forward to participating in the next chapter in Guernsey’s planning history.