S106 Monitoring - Public forum - Planning Advisory Service (PAS)

Adrian, I think we may be in a simular position. We are currently monitoring our agreements via MS Excel but we have a desire to move toward a database application / software tool to support this service. A quick search for suitable applications has failed to identify a commercial solution. Therefore we are considering writing an inhouse Web based database application.

we are currently in the process of building a database linked to workflow software that will automatically flag up info at key dates, e-mail those involved, set up invoices to be sent out and track all responses once work is actioned. happy to discuss if interested. Alasdair Robertson Maidstone Borough Council

I currently use an Excel spreadsheet to monitor agreements, this has drawback. Database is better as can produce reports. Currently investigating a Databse developed by Windsor & Maidenhead. Am Aware that Newcastle City have a good data base but may want money to share it. Interested in any Databases that people have developed that work.

All, There is a PAS casestudy re Colchesters system which is comprehensive and IT based.I have seen system demonstrated and it is very good.It is also mentioned in Audit Commision and DCLG doc's re Best Practice ON 106.Hope this helps

Macclesfield have created an Access database, part of which is accessible and searchable on the website. http://www.macclesfield.gov.uk/standardpage.asp?pageid=12404 Also currently looking at introducing charges for monitoring of s106 agreements and considering whether to base the monitoring charge on a per head of terms, percentage of application fee or estimated cost of actual monitoring (which in some cases may be in perpetuity). Any advice or experience welcomed and will be shared on request

The Colchester database is free as long as you attend the two day S106 Monitoring workshop. The Workshop which covers every aspect of S106 Monitoring, from birth to death (Removal of Land Charge), enforcement, triggers, finance, spending etc. The next workshop is planned for April 2007.

Am just in the process of trying to charging for monitoring agreed by Cabinet. Proposing a flat fee of £500 per obligation/head of term. Other authorities range from £ 200 to 2% 0f value of obligations. Recovery needs to reflect costs of administration.

We are currently looking at introducing a charge for the monitoring of our S106 agreements. I am fairly new to the post so have only just begun to look into this. Can anyone share their experiences of how they went about implementing this charge, how much is charged per clause, and the wording used in the S106 agreement. We are keen to progress this initiative and any information will be gratefully received.

I am in the process of collating monitoring charges applied by other authoritiies, so that we can get our Members to agree a Policy. Am prepared to share this information if people contact me directly

Roger, The Colchester Database is free, and was developed by the S106 Officer. With regards to the monitoring fees I have a copy of the committee resolutution (Whcih was approaved) and the justification of the monitoring charge and how it was arrived at, you are welcome to contact me: geoff.kirby@colchester.gov.uk

Roger, I would just like to add that, we (CBC) used to charge a flat rate of £300 per major covenant, but we since adopted the example posted from our colleagues’ at Newcastle..

I just wanted to say thank you to Geoff for a fantastic workshop. It was extremely useful and we will hopefully be implementing the Access database in the near future. Although we already have an in-house monitoring system, Colchester's Access database is certainly more comprehensive and will no doubt benifit my role no ends! It was also great to meet officers from other authorities in the same situation. Would be useful if we can all get together once a year, but luckily we can use this forum in the meantime!

Does anyone have a formula they use to calculate SPONS & RPI index linked payments? Also, anyone know where you can obtain SPONS information?

Mike SPONS can be obtained from RICS bookshop, or possibly Amazon. Your idea of meeting or establishing a forum for S106 officer is good and interested in supporting.

Thanks Roger, the forum idea was raised by a number of S106 officers at Colchester's training event and I think Colchester are going to arrange (fingers crossed)! I've managed to download the SPONS book, but still a bit confused as to how to calculate - do you have a formula based on the book?

Mike Regretfully I do not have a formula. Good news hopefully on the forum front.

Mike If the calculation is the same as other index linking calculations such as RPI, the calculation is as follows: Latest Index figure - Original Index figure / Original Index figure x 100. This gives the increase percentage which you then add to the original contribution amount. Please call or email for further clarification. Hope this helps Regards

Hi Greg That will be a great help. Thanks!

I think the best system to use without any dedicated software would be an Access database like the one we use here in Sheffield. Using Access you are able to design queries/forms/reports that instantly flag up any trigger points missed. Access also allows you to link to other databases and spreadsheets, enabling faster sharing and downloading of data across departments.

Is there any stautory/policy guidance on calculating the cost of s106 monitoring? Is there now a tendancy to use a percentage of the development cost/total contribution cost or are people still using a flat fee? Secondly, if the s106 for a large development requires that a s106 monitoring officer be provided (I presume his yearly wages are the contribution) does he have to dedicate 100% of his time to that development? Any thoughts or comments would be greatly appreciated.

Russ There is no statutory/policy guidance on monitoring costs. Various authorities are starting to charge, There are a number of models you can follow, eith percentage, flat fee or a combination of both. Newcastle & colchester are good examples but complex. We use a miniumum figure plus percentage, if you forward your contact details I can send you some details. See my earlier comment rbradshaw@rutland.gov.uk

Many thanks Roger Does anyone have any views/comments on when the s106 for a large development requires that a s106 monitoring officer be provided for the Council - does he have to dedicate 100% of his time to that development and if not how is this justified?

Has any one prepared a decent list of draft clauses or sample 106 Agreements? If so are they standing up to use ok?

Stephen have you looked at the DCLG practice guide and audit commission report published July 06, has some useful information and pointers.

Has there been any news on establishing a forum for 106 officers? I'd be interested in supporting.

Stephen, Bristol's Policy Advice Note 12 has 6 model legal agreements, although some aspect's e.g. information on TCI's will need to be updated, the PAN also covers the treatment of service charges and mortgagee in possession clause, the document can be found at: http://www.bristol.gov.uk/ccm/cms-service/stream/asset/?asset_id=776059

Adrian, We "Colchester Borough Council" in partnership with PAS provide a free 2 day workshop, covering all aspects of S106 Monitoring; we also provide all attendees a free copy of the S106 database recognised in best practice. The next workshop will take place sometime at the the end of September/beggining of October 2007 (Venue Birmingham).

For anyone that has attended the Colchester Section 106 - 2 day workshop - you may interested to hear that we are now going to develop the Colchester Section 106 Access database as a full DOT.NET application, which will look and handle the same as the free one that we have given out on our workshops. This would be ideal for anyone currently using the Access version we supplied, as your data will transfer across very easily; as the table structure will remain the same, yes the database will handle CIL if adopted. It is intended that that this will be a low cost option for planning authorities and will come with full support and development. We are running our next two day workshop in Colchester in January 2010.

Hi all, I have recently started looking at the potential of funding S106 work and a monitoring database but haven't found any reference to the enabling legislation other than the Local Government Act 2003 s93-94 which provides for pre-app advice charges amongst other things. Can anyone advise whether the LGA 2003 can be used to support a charge for S106 work? Presumably this legislation would not be affected when the CIL regulations come into effect in April 2010? Any advice appreciated. Thanks