Decision details
Introduction of S106 Monitoring Fees
Decision Maker: Cabinet Member for Housing, Planning, and Economic Development
Decision status: Approved
Is Key decision?: No
Is subject to call in?: Yes
Purpose:
Under the Community Infrastructure Levy
(Amendment)(England)(No.2) Regulations (“the CIL
Regs”), Regulation 122 (2A) allows Local Authorities to
charge a fee in relation to section 106 agreements for the
monitoring and reporting of planning obligations.
In accordance with the CIL Regs and the guidance contained in the
National Planning Practice Guidance it is proposed that Bath &
North East Somerset Council adopt a formal charging schedule for
the collection of S106 Monitoring Fees.
Decision:
The Cabinet Member agrees that the Council implements a fixed fee for the monitoring of S106 agreements. The fee will be set at £400 per obligation to be written into the legal agreements. Fees will be capped at £10,000 per legal agreement. The fee is to be payable on commencement of development and the scale of fees will be reviewed within 36 months of the date of this decision.
Reasons for the decision:
There is an annual requirement for all Councils to report on all aspects of CIL and S106 funds received, allocated and spent this requires active monitoring of all development sites subject to a S106 agreement. The CIL regulations have been amended to allow Council’s to charge a monitoring fee to cover the cost of undertaking monitoring (including preparing annual reports). This proposal will introduce a scale of fees which have been devised in part by assessing the scale of fees adopted by other Councils.
Alternative options considered:
In total 4 fee options were considered as detailed in the report. The
proposed option was considered the most transparent for developers.
Publication date: 16/12/2020
Date of decision: 15/12/2020
Effective from: 24/12/2020
Accompanying Documents:
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