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Emily is an associate solicitor in Sharpe Pritchard's planning and parliamentary team specialising in highways and town and country planning law. She has particular experience advising on and negotiating complex section 106 agreements and highways agreements for public and private sector clients securing essential infrastructure for estate regenerations, garden suburbs and scientific and agricultural developments. Emily advise clients on the pre-application process and negotiating heads of terms through to drafting the detail of the relevant agreement. She also has experience working in Sharpe Pritchard's Real Estate team and undertake title due diligence for major schemes. She has worked on a number of compulsory purchase orders for estate regenerations and highways schemes.
A developer is entering into an agreement under section 278 of the Highways Act 1980, pursuant to a condition under a planning permission. The works covered by the agreement are entirely within highway running along the application site. The developer is the owner of the application site, but the application site has charges against it. Should the mortgagee be party to the agreement?
If an application to register common land within a pioneer area is made under paragraph 2 of Schedule 2 to the Commons Act 2006, can the relevant Registration Authority refuse to register as common land any parts of the land subject to the application that are public highway?
Is there a statutory prohibition against assignment of a 38 Highways Act 1980 agreement that means parties cannot contract to allow assignment subject to consent? Also if it is possible to assign subject to consent is it implicit that such consent will not be unreasonably refused?
Is there any evidence to suggest that the Limitation Act 1980 would not apply to the enforcement of section 106 obligations?
What is the precedent value of an Upper Tribunal decision on other courts? Would a decision of the Upper Tribunal (Lands Chamber) on the interpretation of the National Planning Policy Framework, National Planning Practice Guidance and the Town and Country Planning (Development Management Procedure) (England) Order 2015, SI 2015/595 be binding on courts other than the Upper Tribunal?
Where a roadway is adopted by the local highways authority, can it also form part of an individual property owner's registered title? What is the effect if a way is both adopted but also shown as within a registered title to a residential property?
Solicitors Regulation Authority
Churchill College, University of Cambridge - Law degree - Class I
BPP Law School - LPC - Distinction
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