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Nalders LLP
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Top 10 of 577 law firms for Section 38 Agreements, Planning Law
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Section 38 agreements are planning obligations made under the Town and Country Planning Act 1990 that secure developer contributions toward infrastructure and facilities as a condition of planning permission. A solicitor in this area drafts, negotiates, and registers these obligations, often through a deed of agreement or planning obligation linked to a planning consent. They may liaise with developers, local planning authorities, utility providers and landowners to ensure enforceable, properly worded covenants that protect both the client’s interests and the public realm as development proceeds.
What a solicitor handles in these matters
The complexity lies in drafting legally robust conditions, tying obligations to specific development milestones, and aligning with planning permissions, associated plans, and any related land interests. The solicitor ensures enforceability against successors in title, coordinates with planning policy requirements, and manages potential disputes over breach, variation, or termination of the obligation, including registration and discharge procedures.
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