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.
The main aim of this book is to provide a text for students, practitioners and members of the public who are engaged in the study and/or practice in the planning system of England and Wales.
Planning gain is the legal process by which property development is linked to social provisions. This book examines the rationale for planning gain and development obligations and reviews the practice of development negotiation through a wide range of case histories.
Winner of the Royal Town Planning Institute award for research excellence This critical examination of the development and implementation of planning gain is timely given recent changes to the economic and policy environment. The book looks both at the British context as well as experience in other developed economies and takes stock of how the policy has evolved. It examines the rationale for planning gain, how it has delivered substantial funds for infrastructure and affordable housing and, in the light of this, how it might continue to play a role in the funding of these. It also draws on overseas experience, for example on impact fees and public sector land assembly. It looks at lessons from the past for future policy, both for Britain and for countries overseas. Mechanisms to tap development value are also a global phenomenon in developed market economies - whether through formal taxation or negotiated contributions. As fiscal austerity becomes an increasingly challenging issue, ‘planning gain’ has grown in importance as a potential source of funding for infrastructure and new affordable housing, with many countries keen to examine, learn from, and adapt the experience of others. a critical commentary of planning gain as a policy timely post credit crunch analysis addresses recent planning policy changes
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
The A Practical Approach series is the perfect partner for practice work. Each title focuses on one field of the law and provides a comprehensive overview of the subject together with clear, practical advice and tips on issues likely to arise in practice. The books are also an excellent resource for those new to the law, where the expert overview and clear layout promotes clarity and ease of understanding. Now in its fourth edition, A Practical Approach to Commercial Conveyancing and Property serves as an accessible guide through the complex and diverse area of commercial conveyancing and property. Practical solutions are given to many of the more commonplace difficulties encountered, together with helpful diagrams explaining some of the intricacies involved. Checklists are provided as models of procedure, and easily followed precedent clauses and forms are supplied. This edition has been updated to provide comprehensive coverage of all the legislative changes to commercial property law since the publication of the last edition in February 2006. Significant changes covered in the book include: the code for Leasing Business Premises in England and Wales (2007 code), the RICS code of Practice on Service Charges in Commerical Property, and all recent significant case law such as Scottish & Newcastle v Raduz (2007).
States and their local governments have practical tools to help combat urban sprawl, protect farmland, promote affordable housing, and encourage redevelopment. They appear in the American Planning Association's Growing Smart Legislative Guidebook: Model Statutes for Planning and the Management of Change. The Guidebook and its accompanying User Manual are the culmination of APA's seven-year Growing Smart project, an effort to draft the next generation of model planning and zoning legislation for the United States. The Guidebook is also pertinent to those who are affected by planning decisions and who have an interest in how the statutes are revised, including: Local planners Builders Developers Real estate and design professionals Smart growth and affordable housing advocates Environmentalists Highway and transit specialists Citizens.
This book is a comprehensive treatment of the twin processes of planning and development and is the only book to bring the two fields together in a single text.
Despite repeated attempts in recent years to simplify the planning system, planning law has continued to be so complex that practitioners and students alike have found it difficult to disentangle the issues and principles involved. The twelfth edition of this popular and accessible book aims to remove the mystery which planning law has for so many people. A Practical Approach to Planning Law continues to provide a comprehensive and systematic account of the principles and practice of planning law, guiding the reader through each stage of the planning process, from permission applications through to disputes and appeals. Containing coverage of all recent cases as well as important developments since the publication of the previous edition, particularly those arising out of the Localism Act 2011, this new edition provides an invaluable introduction to the subject for professionals and students alike. The A Practical Approach series is the perfect partner for practice work. Each title focuses on one field of the law, providing a comprehensive overview of the subject together with clear, practical advice and tips on issues likely to arise in practice. The books are also an excellent resource for those new to the law, where the expert overview and clear layout promote clarity and ease of understanding.