S106 Pooling across Authority Boundaries?

Planning Advisory Service (PAS)

Open group | Started - July 2012 | Last activity - This week

Former Member, modified 8 Years ago.

S106 Pooling across Authority Boundaries?

Has anyone got any experience/advice regarding pooling S106 for projects with other local authorities?

Obviously we are aware of the pooling restrictions, but we own some open space in a neighbouring local authority and would like to secure some S106 for improvements to a park. However, that neighbouring authority could also secure S106 contributions for the same park, but we may not be aware of these agreements until they are actually signed.

Does the limit count per authority, or per project/piece of infrastructure? Would we be penalised if we breach the pooling limit but across different authorities? If I'm interpreting the regulations in the strictest sense, I would read it as per project, but this seems very difficult to monitor?

Any help gratefully received!

Former Member, modified 8 Years ago.

RE: S106 Pooling across Authority Boundaries?

Given the wording of Reg. 123(3)(b)(i), I would say that the pooling limit applies to each authority seperately.

Former Member, modified 8 Years ago.

RE: S106 Pooling across Authority Boundaries?

I agree pooling limitation restricts the authority only - In my view, you could have a number of authorities pooling their 5 for one project and clubbing together to pay for one piece of kit in another area- as long as it is infrastrcuture that supports the growth of their area.

Former Member, modified 8 Years ago.

RE: S106 Pooling across Authority Boundaries?

Thanks Gilian and Tony - good advice. At least that gives us a little freedom for mutually beneficial projects.