The property is positioned on the south side of George Street, in the heart of Edinburgh’s city centre, near Charlotte Square. The redevelopment project aimed to modernise the building while preserving its historical character, blending historic preservation with modern sustainability and efficiency.
MFMac provided comprehensive legal services to support the redevelopment of New Clarendon House. The legal work involved advising on various aspects of the project, ensuring compliance with relevant regulations, and facilitating smooth execution of the redevelopment plans.
Planning and Design
The initial focus of the project was on critical infrastructure improvements. MFMac advised on the legal aspects of the planning applications, ensuring that all necessary permissions were obtained for the redevelopment works. This included the refurbishment of existing offices and amenities, repurposing the car park to offer shower facilities, cycle stores, meeting rooms, and office suites, and adding three external terraces. MFMac's legal expertise ensured that the planning applications were processed efficiently, allowing the project to proceed without delays.
Construction Phase
During the construction phase, MFMac provided specialist non-contentious construction legal services. This included advising on contracts and associated construction-related legal agreements, such as the Site Clearance and Remediation Contract, Marine Works Contract, and Road Works Contract. MFMac also advised on contracts for the installation of the District Heating system pipework and the design and construction of the District Heating energy centre building.
Legal Challenges
The redevelopment of New Clarendon House faced several legal challenges, including:
Compliance with Heritage Regulations: As a Category C Listed property within Edinburgh’s World Heritage Site and the New Town Conservation Area, the redevelopment had to comply with strict heritage regulations. MFMac's legal team ensured that all planning applications and redevelopment works adhered to these regulations, preserving the historical character of the building while modernising its facilities.
Environmental Considerations: The site’s location within a conservation area required careful consideration of environmental impacts. MFMac advised on environmental matters associated with the site, ensuring that the redevelopment did not adversely affect the surrounding area.
Procurement Rules: Compliance with Official Journal of the European Union (OJEU) procurement rules was essential to avoid legal complications. MFMac's legal team assisted with the necessary notices and ensured that all contracts and agreements met these procurement requirements.
State Aid Regulations: The redevelopment project involved significant funding, and compliance with EU state aid rules was crucial to avoid voiding the funding and necessitating repayment. MFMac provided advice on complying with these regulations, ensuring that the project remained financially viable.
Joint Venture Arrangements: The redevelopment required collaboration between multiple stakeholders. MFMac assisted with joint venture arrangements through setting up corporate vehicles and advised on the tax implications of the development proposals.
Post-Construction and Impact
The redevelopment of New Clarendon House represents a forward-thinking approach to building design, blending historic preservation with modern sustainability and efficiency. The project has introduced several significant improvements, including roof terrace development, internal reconfiguration, ground floor modifications, upgraded washroom facilities, and enhanced end-of-trip amenities.
The refurbished building has achieved industry-leading certifications, such as BREEAM Excellent, WiredScore Platinum, EPC Rating A, and NABERS Design for Performance (DfP) with a target rating of 5 stars. These certifications highlight the project's commitment to sustainability and energy efficiency.
This case study showcases MFMac's expertise in handling complex real estate transactions and providing comprehensive legal services to support large-scale redevelopment projects. Their legal work ensured compliance with regulations, facilitated smooth execution of the redevelopment plans, and helped the corporate client achieve their goals efficiently and effectively.