Overage/Clawback Clause - Public forum - Planning Advisory Service (PAS)
Overage/Clawback Clause
Hi, does anybody have a good/workable example of a S106 clawback clause/procedure they could share with me?
Thanks in advance, Simon
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.
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).