Do the pooling rules apply to a specific project or to a site? - Public forum - Planning Advisory Service (PAS)
Do the pooling rules apply to a specific project or to a site?
Former Member, Addaswyd 11 Years yn ôl.
Do the pooling rules apply to a specific project or to a site?
Former Member, Addaswyd 11 Years yn ôl.
Re: Do the pooling rules apply to a specific project or to a site?
Former Member, Addaswyd 11 Years yn ôl.
Re: Do the pooling rules apply to a specific project or to a site?
Simon Pickstone, Addaswyd 11 Years yn ôl.
Re: Do the pooling rules apply to a specific project or to a site?
Advocate Postiadau: 104 Dyddiad Ymuno: 22/04/2013 Bostiadau diweddarPhilippa Brunsden, Addaswyd 11 Years yn ôl.
Re: Do the pooling rules apply to a specific project or to a site?
New Member Postiadau: 4 Dyddiad Ymuno: 19/10/2011 Bostiadau diweddarFormer Member, Addaswyd 11 Years yn ôl.
Re: Do the pooling rules apply to a specific project or to a site?
Former Member, Addaswyd 11 Years yn ôl.
Re: Do the pooling rules apply to a specific project or to a site?
Former Member, Addaswyd 11 Years yn ôl.
Re: Do the pooling rules apply to a specific project or to a site?
Former Member, Addaswyd 10 Years yn ôl.
Do the pooling rules apply to a specific project or to a site?
[quote=Philippa Gibbon]Another related question - if you've already collected 5 pooled contributions for generic 'public open space', can you then collect another 5 for a specific public open space project?[/quote]
Just wondering whether anyone had got an answer to Philippa's question?
Former Member, Addaswyd 10 Years yn ôl.
Do the pooling rules apply to a specific project or to a site?
This clearly remains one of the more vexed questions still hanging over practitioner's interpretation of the CIL Regs and accompanying advice. It doesn't seem credible that the government intended to create wriggle room for inventive interpretations of the term 'piece or type' of infrastructure. Nevertheless, my Council would certainly benefit from a definitive clarification of the matter. If, by always referring in S106 agreements to site specific terminology in the description of pieces of infrastructure and conversely, avoiding the use of generic or types of infrastructure as a descriptive term LPAs can work round the 'no more than 5' restriction, I for one would welcome the comfort of knowing that such terminological creativity will run little risk of punishment by legal challenge further down the road. A definitive legal interpretation of the implications for S106 drafting would be greatly appreciated.
Brian Sheasby
Former Member, Addaswyd 10 Years yn ôl.
Do the pooling rules apply to a specific project or to a site?
Brian,
"A definitive legal interpretation of the implications for S106 drafting" can, by definition, only be provided by the Courts. A planning lawyer will only be able to give their opinion on the interpretation of the Regulation. My opinion, and I was a planning lawyer for c25 years, is that the intent of Reg 123 is quite clear and that "creative" wording of s.106 planning obligations carries with it the risk of challange.
Former Member, Addaswyd 10 Years yn ôl.
Do the pooling rules apply to a specific project or to a site?
My view is that you can be specific and pool 5 contribution for say 'extension to Smith Street school' - it is clear that this is a project, therefore meets the requirements of the regs. The regulations state 'that project, or type of infrastrucuture'
Former Member, Addaswyd 10 Years yn ôl.
Do the pooling rules apply to a specific project or to a site?
I recommend anyone seeking or offering advice on the vexed question of restrictions on pooling contributions to read Christopher Cant's (updated) CIL Guide under the CIL, S106, Viability & Growth Forum which he has helpfully signposted. Access it via the link under Christopher Cant on the Chambers website. He expresses clear concerns about the lack of 'real guidance' in the regulations, (or subsequent government advice for that matter), predicts 'a bonanza for lawyers and surveyors' and rightly draws attention to the potential implications for local authority finance. I remain unconvinced as to clarity of the regs and guidance on the matter of pooling. We at least have a barrister's opinion here and one that seems to take the form of a circumspect health warning.
Brian Sheasby
Former Member, Addaswyd 10 Years yn ôl.
Do the pooling rules apply to a specific project or to a site?
I recommend anyone seeking or offering advice on the vexed question of restrictions on pooling contributions to read Christopher Cant's (updated) CIL Guide under the CIL, S106, Viability & Growth Forum which he has helpfully signposted. Access it via the link under Christopher Cant on the Chambers website. He expresses clear concerns about the lack of 'real guidance' in the regulations, (or subsequent government advice for that matter), predicts 'a bonanza for lawyers and surveyors' and rightly draws attention to the potential implications for local authority finance. I remain unconvinced as to clarity of the regs and guidance on the matter of pooling. We at least have a barrister's opinion here and one that seems to take the form of a circumspect health warning.
Brian Sheasby