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Section 106 insights—part one—how to retain flexibility in drafting, ensuring the final s 106 obligation remains attractive to funders, and the steps to be taken to maintain development cash flow

Section 106 insights—part one—how to retain flexibility in drafting, ensuring the final s 106 obligation remains attractive to funders, and the steps to be taken to maintain development cash flow
Published on: 17 November 2020
Published by: LexisPSL
  • Section 106 insights—part one—how to retain flexibility in drafting, ensuring the final s 106 obligation remains attractive to funders, and the steps to be taken to maintain development cash flow
  • Introduction
  • Getting the ball rolling
  • Retaining flexibility
  • Making the s 106 obligation attractive to funders and purchasers
  • Development cash flow

Article summary

Planning analysis: This three-part series focuses on the key considerations when negotiating under section 106 of the Town and Country Planning Act 1990 (TCPA 1990), also known as s 106 obligations, being a type of agreement or unilateral undertaking needed to secure mitigation measures in connection with proposed development. From securing a resolution to grant, through to the issue of the planning permission, this series offers practical tips on how to draft and negotiate s 106 obligations quickly while maintaining value and cash flow, as well as ensuring the scheme remains attractive to funders and prospective purchasers. These articles by Sarah Fitzpatrick, partner and head of Planning, at Norton Rose Fulbright will look at common issues and how effective drafting can help. or take a trial to read the full analysis.

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