22Oct

S106 Masterclass

Securing robust planning obligations

(Intermediate/Advanced)

Theme: Planning, Environmental and Highways

22 October 2018, 9.30am registration (9.45am start) – 1.00pm (followed by lunch) Freeths Nottingham, (with Video Conferencing Equipment to Freeths offices in Leicester, Birmingham, Manchester, London and Sheffield)

Please note we offer the option to attend this course via video conference at another of our offices to make it accessible to as many EM Lawshare members as possible. We do our best to deliver the best experience we can with the technology we have, but inevitably it may not be as effective as attending the course in person. We always appreciate your feedback and make improvements if we can.

Presented by Sharpe Pritchard and Geldards

Course overview

The course will cover the current law and practice on the use of suitable planning obligations.

Suitable audience:

In-house lawyers, planners, highways and housing officers

Overview and topics to be covered include:

• recent case law and government policy, including the draft revised National Planning Policy Framework and related government publications
• viability reviews
• practical session with examples of drafting for various topics, such as security provision (e.g. bonds and parent company guarantees)
• compliance with Regulations 122/123 of the Community Infrastructure Levy Regulations 2010 as amended
• related practical issues

Interactive elements

Workshop and/or discussion forum

There will be plenty of opportunity for sharing experiences and problem-solving.

Duration: Half a day (3 training hours) including lunch

Competencies

This course will cover:

A Ethics professionalism and judgement
B4 Draft documents
B6 Negotiation
C1 Communicate clearly and effectively
D Managing themselves and their own work

Presenter profiles:

Brian Hurwitz heads the planning law team at Sharpe Pritchard. He has many years’ experience, both in the public sector and in private practice. He has advised local authorities on plan-making and development management and negotiates and prepares section 106 agreements and highways agreements on developments involving important strategic and/or regional sites. He has frequently spoken at seminars and client training events and has written articles in the Journal of Planning and Environmental Law and Planning magazine and is a contributor on Westlaw Insight on development consent orders. Sharpe Pritchard is ranked in Planning magazine’s list of top planning lawyers, Legal 500 and Chambers & Partners. The latter describes Brian as “an extremely proficient lawyer, with exceptional technical knowledge and commercial awareness”.

Denise Stephenson is a partner at Sharpe Pritchard based in the planning team. She has extensive experience of major regeneration projects and has negotiated many section 106 agreements and highway agreements. This includes a large number of redevelopment projects, wind farms and infrastructure projects, mixed use developments and sport and leisure facilities. She also provides advice in all areas of administrative law, listed building and conservation areas and on the community infrastructure levy. She is credited in Chambers & Partners as being “an excellent lawyer who provides exceptional support on extremely complicated cases”.

Charles Felgate is an experienced planning and environmental lawyer, who provides advice to both public and private sector clients.

Charles regularly participates in planning and enforcement appeals, call ins and related matters. His current projects include advising Peakman Limited in relation to minerals proposals at Tir Pentwys. He has recently completed a year long public inquiry for the M4 Corridor around Newport.
He also has significant non-contentious experience, delivering section 106 agreements and other infrastructure agreements. He recently completed a s.106 agreement to deliver a residential development of 2,300 plus homes on the site of the former Drakelow Park Power Station, near Burton upon Trent on behalf of South Derbyshire District Council.
Charles also has significant judicial review and statutory challenge experience with numerous notable successes in the Administrative and Planning Courts to his credit.

Natalie Harries is a Solicitor specialising in Planning Law at our Cardiff office. Prior to qualification in 2018, Natalie was a Trainee Solicitor at Geldards and spent a year training with the Public Law Team. During her training contract Natalie assisted the team on a number of matters, including a multi-million pound business acquisition which comprised of a site with a complex planning history; and a public inquiry into the proposed M4 motorway corridor around Newport. As part of the public inquiry, Natalie provided significant legal research support to leading counsel and assisted in drawing together all the information required for the closing speech.

On a day to day basis Natalie advises both Local Authorities and National Park Authorities on a number of planning matters, including:

• drafting and negotiating Section 106 Agreements and Unilateral Undertakings for a whole range of proposed development, and deeds of variation;
• applications for certificates of lawfulness, and in particular whether the certificate should be lawfully granted;
• matters of enforcement, including the drafting of breach of condition notices and enforcement notices; and
• permitted development rights.

Please note, EM LawShare events are only open to existing members. Click here to learn more about becoming a member.

If you would like to send a list of registrants, please email Julie.Scheller@freeths.co.uk.