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Planning obligations and section 106 agreements have become much more prevalent in the development industry. With cutbacks in public expenditure local authorities are increasingly looking to fund infrastructure and other types of expenditure through the planning system. In this book we look at the requirements for a valid section 106 agreement and the underlying policy context. We also examine every day practical issues as to the contents of agreements and how certain issues can be resolved. Finally we consider the issue of enforcement of obligations in the event of non-compliance.ABOUT THE AUTHORSBob Mc Geady has been involved in the Planning and Local Government field for over 30 years. He initially spent 17 years working for various local authorities. In that time he has dealt with a multitude of planning matters ranging from large-scale retail and housing developments to discrete one off proposals. He moved to Private Practice in 2000 and was a partner and Head of Planning and Commercial Property in Kester Cunningham John, leading a team that deals with all aspects of commercial development. He continues to act for local authorities as well as private clients and objectors, and regularly provides training sessions for officers and members of various local authorities as well as speaking at events organised by such bodies as the Local Government Group and the Royal Town Planning Institute and MBL Seminars.Bob was an Independent Board Member of a large regional housing association and chaired a regional homelessness charity. He retains his association with Kester Cunningham John (now Ashton KCJ) as a consultant. In the Legal 500 and Chambers Directory he is rated as a leading individual for planning in East Anglia. Clients also say that he 'has a valuable insight into the attitudes and even the politics of planners'Chambers and Partners Directory said of Meyric Lewis that "What Meyric Lewis doesn't know about planning law isn't worth knowing". He is listed as a Leader at the Bar in Chambers Directory and as a Leading Junior in the Legal 500. He specialises in all aspects of planning and compulsory purchase both at inquiries and in the courts at all appellate levels. Clients range from substantial developers to public authorities and individual developers or objectors.
This book is intended as guide for those who have to engage with the issue of certificates of lawfulness. It is written from a practical point of view breaking down each aspect of the process from identifying the breach through to either drafting a certificate or crafting reasons for refusal. Each chapter explains the relevant law and then concludes with a checklist to enable either the applicant for a certificate or the decision maker to check their progress against the statutory and case law requirements.It will be of assistance to those who either regularly or infrequently engage with this process and is intended as an easy aide memoir to enable them to progress a certificate of lawfulness matter.ABOUT THE AUTHORSBob Mc Geady has been involved in the Planning and Local Government field for over 30 years. He initially spent 17 years working for various local authorities. In that time he has dealt with a multitude of planning matters ranging from large-scale retail and housing developments to discrete one off proposals. He moved to Private Practice in 2000 and was a partner and Head of Planning and Commercial Property in Kester Cunningham John, leading a team that deals with all aspects of commercial development. He continues to act for local authorities as well as private clients and objectors, and regularly provides training sessions for officers and members of various local authorities as well as speaking at events organised by such bodies as the Local Government Group and the Royal Town Planning Institute and MBL Seminars.Bob was an Independent Board Member of a large regional housing association and chaired a regional homelessness charity. He retains his association with Kester Cunningham John (now Ashton KCJ) as a consultant. In the Legal 500 and Chambers Directory he is rated as a leading individual for planning in East Anglia. Clients also say that he 'has a valuable insight into the attitudes and even the politics of planners'
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