Planning Obligations & Section 106 - A Drafting Workshop

Introduction

This full day in-person course 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 together with a comprehensive drafting exercise.

The second part of the course will work through a draft section 106 agreement from start to finish.

A draft agreement will be provided which will allow delegates to consider standard drafting approaches as well as looking at alternative approaches.

We will also consider specific topics such as affordable housing, education payments and many other regular planning obligations.

You will have an opportunity to discuss the different drafting approaches and will be challenged to think about any pre conceived notions as to what is an appropriate means of delivering a valid and enforceable section 106 agreement.

At the conclusion of the course you should be able to advise more confidently in respect of the many day to day issues that arise in practice.

The emphasis is on practical issues and to cover detailed drafting points.

What You Will Learn

This 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. Contrasting the approaches taken at application and on appeal
• Parties - debunking some of the conveyancing myths that have become entrenched in drafting practice. Dealing with unwilling landowners in order to obtain release of the permission
• Heads of terms and drafting pitfalls - avoiding simple mistakes and overcoming the perceived barriers to ensuring valid planning obligations. Retaining flexibility whilst ensuring certainty
• Costs and monitoring and completion - what can and cannot be charged. Practical issues on completion where multiple parties or related land transactions
• Enforcement - what is the attitude of the courts to enforcement? What remedies are available and which are appropriate in any given circumstances?
• How to turn theory into practice
• How to approach drafting
• Alternative ways to achieve the desired outcome
• Different drafting approaches to specific types of planning obligation
• The ability to discuss different approaches with like-minded professionals