Planning - S106 / Affordable Housing Contributions

Planning - S106 / Affordable Housing Contributions

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gf07050

Original Poster:

61 posts

166 months

Tuesday 27th January 2015
quotequote all
I am in the process of applying for planning for a single small 2 bedroom house.

The planning authority require me to enter into a section 106 agreement as part of the planning process to secure a contribution towards affordable housing and infrastructure in the borough, although the government appeared to remove this requirement on the 28 November 2014 for developments of 10 units or less (5 in rural areas).

Does anyone have a recent experience of planning and these obligations?



FlashmanChop

1,300 posts

205 months

Tuesday 27th January 2015
quotequote all
I do, but on a commercial scale- however reading a recent homebuilding and renovation magazine, I was under the impression that this had been abolished?

anyone else able to assist?

z4RRSchris99

11,218 posts

178 months

Tuesday 27th January 2015
quotequote all
I thought it was gone on small stuff.

maybe there is mayoral CIL to pay?

our last 106 cheque was north of £25m, that was a scary invoice

FlashmanChop

1,300 posts

205 months

Tuesday 27th January 2015
quotequote all
z4RRSchris99 said:
I thought it was gone on small stuff.

maybe there is mayoral CIL to pay?

our last 106 cheque was north of £25m, that was a scary invoice
yes, I imagine that would have been passed around the office a little! ours don't tend to be that big, but have nonetheless still been reasonable large.

z4RRSchris99

11,218 posts

178 months

Tuesday 27th January 2015
quotequote all
it was the fact it just came in the post like any other bill

I kept a copy somewhere for old times sake

blueg33

35,574 posts

223 months

Tuesday 27th January 2015
quotequote all
gf07050 said:
I am in the process of applying for planning for a single small 2 bedroom house.

The planning authority require me to enter into a section 106 agreement as part of the planning process to secure a contribution towards affordable housing and infrastructure in the borough, although the government appeared to remove this requirement on the 28 November 2014 for developments of 10 units or less (5 in rural areas).

Does anyone have a recent experience of planning and these obligations?
S106 still exists as CIL only covers certain aspects of wider community benefit. We regularly sign s106 agreements for affordadable houing, play space and education contributions. Site specific stuff tends to be S106.

You will need a lawyer with experience of S106, and you will need to budget for paying the Council's legal fees. We allow £2500 per small development to pay council lawyers.

gf07050

Original Poster:

61 posts

166 months

Tuesday 27th January 2015
quotequote all
blueg33 said:
S106 still exists as CIL only covers certain aspects of wider community benefit. We regularly sign s106 agreements for affordadable houing, play space and education contributions. Site specific stuff tends to be S106.

You will need a lawyer with experience of S106, and you will need to budget for paying the Council's legal fees. We allow £2500 per small development to pay council lawyers.
Thanks for the replies, its this statement on the government planning portal that suggests that it can no longer be requested for small developments:
http://planningguidance.planningportal.gov.uk/blog...

paragraph 012 refers. Added 28/11/2014

worsy

5,776 posts

174 months

Tuesday 27th January 2015
quotequote all
I think they can charge both but CIL is abolished for self build.

2stis

507 posts

173 months

Tuesday 27th January 2015
quotequote all
OP, I think you are correct that it has now been abolished. Our parish used to get a small component of the S106 monies and we were saving it up to have some work done on the village park. The borough councillor came to our last meeting and said not to expect any more money coming in against the project as S106 had been abolished for small developments (<10 units, which would be all of them for us as generally it is just single houses slotted in here and there in gaps in the village envelope rather than an 'estate' being created), which fits in with what you had stated.

blueg33

35,574 posts

223 months

Tuesday 27th January 2015
quotequote all
It's still there, especially for affordable housing provision. We build between 20 and 40 sixteen unit schemed pa. Many get s106 non pay CIL

gf07050

Original Poster:

61 posts

166 months

Tuesday 27th January 2015
quotequote all
blueg33 said:
It's still there, especially for affordable housing provision. We build between 20 and 40 sixteen unit schemed pa. Many get s106 non pay CIL
I was referring to the change (announced to parliament on the 28 November 2014 by Brandon Lewis Minister for Housing and Planning) that exempted developments of less than 10 units (5 in designated rural areas). Your schemes look to be outside of this criteria.

blueg33

35,574 posts

223 months

Tuesday 27th January 2015
quotequote all
gf07050 said:
blueg33 said:
It's still there, especially for affordable housing provision. We build between 20 and 40 sixteen unit schemed pa. Many get s106 non pay CIL
I was referring to the change (announced to parliament on the 28 November 2014 by Brandon Lewis Minister for Housing and Planning) that exempted developments of less than 10 units (5 in designated rural areas). Your schemes look to be outside of this criteria.
Thats off my radar, I guess, I will ask my planning consulatnt when I see him tomorrow

gf07050

Original Poster:

61 posts

166 months

Tuesday 27th January 2015
quotequote all
Thanks all assistance gratefully received.