Overage/Clawback Clause

RE: Overage/Clawback Clause

2014-11-25T14:46:20Z

Hi Tony,

You are right, it does depend on the detail of what I am trying to achieve. It will eventually go to legal colleagues for comment. To be honest, I have come across overage clauses we have agreed in the past and they are not always easily enforceable or implementable. They can also often be quite onerous/resource intensive?

Essentially i am looking for an example of a basic approach which will be agreeable to both parties and can be relatively easily implemented (perhaps an example doesn't exist)? I was hoping I could take this basic approach and then adapt it to the specific circumstances? I have subsequently come across a paper produced for East Devon DC DM Committee which is quite helpful (http://www.eastdevon.gov.uk/urgent_item_-_dmc_overage_report_160713.pdf).

RE: Overage/Clawback Clause

2014-11-25T14:12:54Z

Hi Simon, I think that anybody would want more details of what you have in mind exactly before attempting to give you any help.

I have to say however that I would have thought that this is something that you should be discussing with your legal colleagues rather than seeking help with through this forum.

Overage/Clawback Clause

2014-11-24T09:21:38Z

Hi, does anybody have a good/workable example of a S106 clawback clause/procedure they could share with me?

Thanks in advance, Simon