Overage/Clawback Clause - Public forum - Planning Advisory Service (PAS)
Overage/Clawback Clause
Simon Pickstone, modified 9 Years ago.
Overage/Clawback Clause
Advocate Posts: 104 Join Date: 22/04/13 Recent PostsHi, 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.
Simon Pickstone, modified 9 Years ago.
RE: Overage/Clawback Clause
Advocate Posts: 104 Join Date: 22/04/13 Recent PostsHi 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).