Pooling restrictions and spending s106 - Public forum - Planning Advisory Service (PAS)
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En cours - juillet 2012
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Dernière modification - May
Pooling restrictions and spending s106
Do the pooling restrictions set out in regulation 123 affect the way that a local authority can spend s106 receipts after the adoption of a CIL Charging Schedule or April 2014, whichever is earliest? It has been suggested to me that after this point in time, a local authority may only pool up to 5 post April 2010 contributions when spending s106 money on a particular item of infrastructure. For example, between April 2010 and April 2014 a local authority agrees 20 obligations to make general education contributions and collects these obligations. However, after April 2014 the local authority decides to build an extension to a school but they can only pool together 5 of the 20 obligations. This is not my reading of the regulations, as it was my understanding that the restrictions on pooling relate to the agreement of further obligations post Charging Schedule adoption or April 2014. My understanding in the case above would be that you could pool all 20 obligations to fund the school extension? Am I right or wrong? Any help much appreciated
Andrew Chalmers, modifié il y a 11 années.
Re: Pooling restrictions and spending s106
Advocate Publications: 169 Date d'inscription: 20/10/11 Publications Récentes
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Ben you are correct it relates to limiting the pooling of resources from new S106s. If you already have 5 S106 agreements which collect for "general education" you cannot enter into any further agreements for this generic education contribution.
If you have entered into s 106 obligations prior to April 2014 or when you adopt your CIL you can use the money you receive from these obligations ( however many there are) to pool together for the infrastructure specified on the obligation - within the time limit of the obligation - it may be 5 or 10 years later. The regulations are not historically retrospective- You only need to start counting the number of pooled obligations when you have reached the appropriate date April 2014 or adoption of your CIL whichever is the earliest. Then you need to make sure that you do not then enter into any more than 5 for a project or type of infrastructure since 2010 ( although you may have already entered into 20 and cannot enter into any more). So the effect is no new obligations that will result in pooling more than 5 but in the past there may be dozens and you can still recieve them and pool them to spend on the infrastrcuture specified in the obligation.