Overage clauses

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This document contains draft overage provisions.

These provisions are intended for use where overage is to be paid in a variety of circumstances - for example, following the grant of planning permission, or on a disposal of the property with the benefit of planning permission, or following the implementation of a planning permission.

More than any other Property PSL document, this document is drafted with many variable and alternate provisions. Attempts to standardise overage drafting can be futile, as there is inevitably a need for the draftsperson to apply his or her own creative drafting skills to each and every case where overage is to be paid.

Before using this precedent document, it is advisable to read the accompanying drafting notes.

In adition, the infobank contain a note on some key drafting points when dealing with overage - click on Overage Clauses. This document also reviews all case law on overage over the last few years.

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