CIL regs and April 2014 cut off - Public forum - Planning Advisory Service (PAS)
Grŵp agored
|
Wedi dechrau - Gorffenaf 2012
|
Gweithgaredd diwethaf - May
CIL regs and April 2014 cut off
Hello, This sounds like a silly question but I need to ask it to clarify in my mind. Is the April 2014 cut off in relation to the number of s106 agreements you can have? I am assuming that if an authority hasn't implemented CIL by April 2014 they can still work on implementation for the future, it just means that they are limited on the number of planning obligations they can have on any one development. Please can some clarify this for me. Thank you
Andrew Chalmers, Addaswyd 11 Years yn ôl.
Re: CIL regs and April 2014 cut off
Advocate Postiadau: 169 Dyddiad Ymuno: 20/10/2011 Bostiadau diweddar
0
The simple answer Belinda is that when you adopt CIL or from April 2014 you will be limited to a total of 5 S106 agreements that contribute to a particular piece of infrastructure or type. Effectively the ability to pool S106 contributions to fund for example open space will end, this is what CIL is for. So if you have already have 5 developments which contribute for example to education you cannot have any further S106 agreements which contain a require an education contribution. And the 5 will include agreements back to April 2010. FAQ on this site is helpful. You would probably need to specify in S106 more detailed requirements for example for that school or that open space - and then the legal tests for S106 become important.
A misconception is coming in here. It is not five s.106 agreements but five planning obligations. Section 106 agreements contain planning obligations, usually more than one. Whilst it might be unusual to have more than one obligation in a s.106 agreement contribute to the same piece of infrastructure or type of infrastructure, it is an important distinction. Imagine that the piece of infrastructure is a civic hall which is to contain a library. Separate obligations in a s.106 agreement might be for (a) the building in general and (b) library books, thus using up two of the five.
It will be important to look at the specific wording of the obligations to make sure that you do not try to pool more than 5 for any one project or type of infrastructure. I am sure that planning obligations will become more specific( e.g. extension to St John School - rather than education) but care may be needed to make sure that they are not so specific that they result in the obligation project being undeliverable and the money handed back.