Boundary dispute

Property Development – UK

This matter involved a speculative property development of a narrow site in the Wye Valley.  Outline planning permission was obtained for a scheme based on a certain boundary line, but when detailed planning permission was sought, the more precise boundary line and other site conditions resulted in fewer units than anticipated being achievable.  The developer claimed that the architect had failed to adequately ascertain the boundary and site conditions at the appropriate stage, resulting in a loss of anticipated sale value for the land.

WJM&P were engaged as architectural experts by solicitors acting for the insurers of the architect to advise on the reasonableness of the architect’s approach.  We visited the site and reviewed the input of specialist land surveying and valuation experts.  We also analysed drawings and the site topography, considered the duties of the architect in their appointment, and the applicable codes of conduct and good practice.

We attended expert meetings and prepared an expert report and an experts’ joint statement for submission to court and gave evidence at a hearing.  The matter was resolved in the TCC at Cardiff District Registry, at which we acted as the architectural expert witness.