Planning Obligations & Section 106 Agreements - Common Pitfalls and Practical Fixes

Introduction

With the increasing scrutiny over planning obligations and Section 106 agreements, professionals are facing more complexity—and more pitfalls—than ever before.

This live broadcast session is aimed at professionals with a basic knowledge of planning obligations and section 106 agreements. It involves a practical consideration of the principal issues and how they can be overcome.

What You Will Learn

This live and interactive course will cover the following:

• The tests for validity - What do they really entail in light of recent case law? Balancing necessity and dealing with those applicants who wish to offer more in order to obtain permission
• Parties - Debunking some of the myths that have become entrenched in drafting practice. Dealing with unwilling landowners in order to obtain release of the permission - who needs to sign up?
• Heads of terms and drafting pitfalls - Avoiding simple mistakes and overcoming the perceived barriers to ensuring valid planning obligations. Retaining flexibility whilst ensuring certainty. Looking at common clauses and errors
• Viability review mechanisms - how do they work and what are the approaches?
• Contrasting the approaches taken at application and on appeal
• Costs and monitoring and completion - What can and cannot be charged. Practical issues on completion
• Amending s106 agreements. How and why can this be done?
• Enforcement - What is the attitude of the courts to enforcement? What remedies are available and which are appropriate in any given circumstances?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.