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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - Yesterday

S106 Pooling - By Ward? Or whole Authority Area?

Former Member, modified 8 Years ago.

S106 Pooling - By Ward? Or whole Authority Area?

Hi,

S106 pooling restrictions have kicked in, and limit the number of S106s we can pool. I've seen the advice re: generic contributions and specific projects, but what about pooling generic contributions in defined areas within the LA area e.g. Ward? Our agreements often state e.g. "public open space improvements in X ward." Does this mean we can have up to 5 S106 agreements for open space in each Ward? I believe so because as we've defined the geographic spend area, we cannot pool these contributions with neighbouring Wards and therefore can't be in breach of the regs? However, some believe the pooling restrictions apply to the whole LA area, irrelevant of whether we've defined the Ward boundary in the agreement.

Any advice gratefully received.