I'd be grateful for views on whether a local authority can reasonably spend s106 monies received (1) which were required to be paid PRIOR to commencement but (2) where there is a significant likelihood that the development won't take place. The legal agreement does not state that the funds have to be refunded if the development doesn't take place - only a refund if the monies are not spent within a fixed period of time. Obviously s106 funds are there to mitigate the impact of development - in this case, the site in question is now subject to an application from the local community to be registered as a town/village green! many thanks, Mark
