S106 Monitoring fee - what do you charge and how do you arrive at the sum?

RE: S106 Monitoring fee - what do you charge and how do you arrive at the s

2024-06-10T08:15:07Z

Hi Mike, Not quite.

The amendment to the ability to charge monitoring fees was introduced in the insertion of Paragraph 2A in Regulation 122..

It is not in relation to 'going beyind' normal monitoring, it is that the monitoring fee must be a fair estimate in essence.

“(2A) Paragraph (2) does not apply in relation to a planning obligation which requires a sum to be paid to a local planning authority in respect of the cost of monitoring (including reporting under these Regulations) in relation to the delivery of planning obligations in the authority’s area, provided—

(a) the sum to be paid fairly and reasonably relates in scale and kind to the development; and

(b) the sum to be paid to the authority does not exceed the authority’s estimate of its cost of monitoring the development over the lifetime of the planning obligations which relate to that development.”

RE: S106 Monitoring fee - what do you charge and how do you arrive at the s

2024-06-10T07:41:18Z

I think the gist is that you need to have good reason which is what the high court decision said. Effectively, its part of the LPA if you need to go beyond that in monitoring then you can legitimately charge for the extra cost if your doing something extra.

RE: S106 Monitoring fee - what do you charge and how do you arrive at the s

2024-06-10T07:38:01Z

Hi Mike

The amended CIL Regulations effective 1/9/19 state the legitimacy of the collection of S106 monitoring fees.

Hope this is helpful

RE: S106 Monitoring fee - what do you charge and how do you arrive at the s

2024-06-10T07:31:55Z

There was a High Court challenge a few years back Oxfordshire CC v Secretary of State for Communities and Local Government [2015] EWHC 186 (Admin).The application was refused by the High Court on the grounds that the TCPA 1990, the Planning Act 2008, the CIL Regulations, the NPPF and the NPPG do not allow authorities to claim administration/monitoring fees as part of planning obligations as this is part of their functions as a local planning authority.

https://www.ellisonssolicitors.com/images/publications/Summary_-_Oxfordshire_CC_v_Secretary_of_State_for_Communities_and_Local_Government_docx.pdf

RE: S106 Monitoring fee - what do you charge and how do you arrive at the s

2024-05-28T14:27:06Z

We are currently looking at our s106 monitoring fee as well.

Our fee is charged per trigger, but we are interested in seeing what other LPAs do as I am aware that there are a range of approaches.

More details are on our website - https://www.adur-worthing.gov.uk/media/Media,159329,smxx.pdf

I'd be curious to hear about what costs other authorities take into account to calculate the fee and why they take a different appraoch.

David

RE: S106 Monitoring fee - what do you charge and how do you arrive at the s

2024-05-28T08:17:12Z

Hi Lisa

We have a schedule of charges which can be viewed here:

Monitoring fees | Havant Borough Council

Please feel free to give me a call if you require clarification.

Louise 0743 555 3852

S106 Monitoring fee - what do you charge and how do you arrive at the sum?

2024-05-23T07:39:48Z

We are looking at re-visiting what we charge for monitoring S106 compliance.

What are you charging?

Is it a one off fee - same for all agreements?

Do you charge a monitoring fee per obligation and if so how do you calculate what you are charging?

Do you charge a monitoring fee for non-financial obligations?

Really interested to know how other authorities are dealing with this. We seem to charge a nominal fee that does not reflect the complexity of the work/time involved in the monitoring process so need to look at this asap.

Thanks!