I am interested to know how the s106 system is expected to operate in circumstances where an authority chooses not to adopt CIL presently because of viability issues. Specifically, I remain uncertain as to the interpretation of the term 'project or type of infrastructure' relative to the restrictions on pooled contributions for infrastructure now categorised as being CIL fundable. I have read recent comments on the discussion forum which seem to suggest that by careful wording of legal agreements the 'no more than five contributions' rule can be operated in a site specific as opposed to a borough wide way. If true, this would provide greater flexibility and protect S106 income streams until such time as a CIL charge was introduced. I appreciate that the three statutory tests would always apply before such agreements could be safely entered into. Brian Sheasby Planning Contributions Officer Lancaster City Council
