Structuring a Complex Option Agreement for a National Waste Management Company

A leading UK waste management company sought to secure land for a major hydrogen and transport infrastructure project. The transaction required a highly detailed and technically complex option agreement, negotiated over several years and involving multiple stakeholders.

The Client

The client is a privately owned UK waste management company with a turnover of approximately £120 million and around 850 employees. Operating from 14 locations, the company has provided environmental services since 1929 and is now expanding into sustainable energy and transport infrastructure.
 

The Challenge

The client aimed to acquire land for a hydrogen production, storage, and refuelling facility, alongside a vehicle depot, EV charging hub, park and ride, and associated infrastructure. Key challenges included:

  • Negotiating a detailed option agreement with extension rights and planning-related provisions.
  • Securing rights for surveys and investigations during the option period.
  • Addressing potential land take by Slough Borough Council as part of the planning process.
  • Ensuring the land trust retained rights of way and services for its adjoining land.

Negotiations stalled between Landowner and client in early 2023 but were revived with new Heads of Terms in August 2024.

Our Approach

We provided strategic commercial property advice and led negotiations on the option agreement. Our team:

  • Drafted and negotiated a bespoke agreement accommodating planning, access, and transfer contingencies.
  • Facilitated multi-party conference calls to resolve issues efficiently.
  • Worked to tight deadlines to minimise costs and ensure the client’s objectives were met.
The Outcome

The option agreement was successfully exchanged in February 2025. The client now has the legal framework in place to proceed with its planning application and long-term infrastructure goals. The agreement balances the client’s development needs with the landowner’s retained rights.

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