The Head of Planning and Regeneration presented a report in respect of the Council’s ability to charge for monitoring work on Section 106 agreements with developers.
National planning regulations had changed in September 2019. These changes had introduced a right for local authorities to charge developers for monitoring the delivery of work in respect of Section 106 agreements. For example, the Council would be monitoring contributions from the developer in relation to highways and open spaces and whether these contributions were being made according to deadline. The Council already undertook this work but the charge would enable the Council to cover the costs of the monitoring arrangements.
The charge that would be levied in order to undertake monitoring work would vary between developments. Therefore, Officers were asking for power to be delegated to the Head of Planning and Regeneration to determine the fee for each development following consultation with the relevant Portfolio Holder. It was anticipated that the fee would be relatively low, would be agreed prior to the start of development and that it would be paid at the start of the monitoring process in many cases.
1) the Council approves with immediate effect the inclusion of a monitoring charge within Section 106 agreements in accordance with the Regulations; and
2) delegated authority be given to the Head of Planning and Regeneration Services following consultation with the Portfolio Holder for Planning and Regulatory Services, to develop and implement as soon as possible a charging approach in line with the Regulations.