Tue, 19 Dec 2023 04:41:22 +0000 http://www.greenbuildingforum.co.uk/newforum/ Lussumo Vanilla 1.0.3 http://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=16113&Focus=273606#Comment_273606 http://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=16113&Focus=273606#Comment_273606 Sat, 04 May 2019 17:02:51 +0100 djh
Does anybody know whether there is a limit to the length of time they have to spend the money?]]> http://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=16113&Focus=273635#Comment_273635 http://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=16113&Focus=273635#Comment_273635 Tue, 07 May 2019 07:52:55 +0100 cjard
My council refused because they claimed there was no credible way of tracking it. I said that was bullshit, as the formula is simple: balance of the collections account now, including my payment, minus the sum of expenditure on 106 projects in the 5 years hence, would determine whether "my" portion of the pot had been used. They didn't accept it - seemed to be claiming (beneficially for them) that money into an account isn't used in the same order when it comes out (first in first out), which I deemed to be arbitrary horseshit. At the time my council hadn't used any of our heir massive 106 pot at all, as was revealed by a huge FOI request done by some journalist back then

Check your wording, it should say the period (five years is probably reasonable)

If you do find some legal precendent from a court ruling or central government that overrides, I would be most interested to know..]]> http://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=16113&Focus=273637#Comment_273637 http://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=16113&Focus=273637#Comment_273637 Tue, 07 May 2019 11:11:59 +0100 CWatters
In some cases the planners even charge a "monitoring" fee to ensure developer comply with the terms and conditions of the agreement (perhaps even when the agreement just requires the developer to pay up?). At least one court case ruled that monitoring fees weren't lawful because they failed the test that says obligations are 'necessary to make the development acceptable in planning terms'.

Some council documents say that it must be spent "within a reasonable period, normally 5 years" but I don't know what case law exists to back that up.]]> http://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=16113&Focus=273638#Comment_273638 http://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=16113&Focus=273638#Comment_273638 Tue, 07 May 2019 11:14:51 +0100 CWatters https://www.buckles-law.co.uk/site/blog/planning-and-environment/s106-contribution-to-council-planning-permission

When is it Refundable?

The agreement which provided for the S106 financial contribution may have included a refund provision on the local planning authority. You should check the terms of the agreement to see whether an express refund period was provided.

If an express refund provision was not provided (as would be the case if the S106 financial contribution arose from an undertaking) you may still be entitled to a refund of any unspent contributions. The courts have found that in the absence of an express refund provision then some additional term is required to be read into the document in order to achieve business efficacy by determining what is to happen to any unexpended balance once the purpose for which the contribution was made had been achieved.

continues]]> http://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=16113&Focus=273645#Comment_273645 http://www.greenbuildingforum.co.uk/newforum/comments.php?DiscussionID=16113&Focus=273645#Comment_273645 Tue, 07 May 2019 17:09:15 +0100 djh
If funds remain unspent within the timescale detailed below (commencement being determined from the occupation of the last dwelling on the development) of the development, they will normally be repaid to the applicant, on application to the Council, with any accrued interest.

Parish Facilities – 10 years

Ward Facilities - 15 years

District Facilities – 15 years

which I think answers my question. It also appears the council is smart enough to have all the data online, so I can see exactly what they've bought with my money so far.

edit: cross-posted with you, Colin - I hadn't refreshed my display.]]>