Legal Obligation Monitoring Fee 

On 1 September 2019, the Community Infrastructure Levy (Amendment) (England) (No.2) Regulations 2019 were introduced. These Regulations introduce new requirements to report and monitor on the collection of planning obligations.

The Regulations permit the District Council to apply a fee to planning obligations so long as it:

  • Fairly and reasonably relates in scale and kind to the development
  • Does not exceed the authority’s estimate of its cost of monitoring the development over the lifetime of the planning obligations

Approval was received at the meeting of Full Council on 25 September 2019 to include a monitoring charge within all future planning obligation agreements (Section 106 Agreements and Unilateral Undertakings), with immediate effect. Delegated powers were granted to allow the Head of Planning and Regeneration, in consultation with the Portfolio Holder for Planning and Regulatory Services, to develop and implement a charging approach in line with the Regulations.  The schedule below was subsequently ratified by Full Council on 22 January 2020.

The fee will fairly compensate the Council for the time and resources Officers spend on monitoring the collection of planning obligations.

Obligations: District Council Recipient

Trigger

Fee
All contributions (financial or non-monetary) per Obligation £290
Pre-commencement per Obligation £100

Other (phased payments/provision of Infrastructure) per trigger point

£150

Other (eg. occupation restrictions or removal of Permitted Development Rights) per trigger point

£120

Obligations: Another Signatory Recipient (eg. Worcestershire County Council)

Trigger

Fee

All contributions (financial or non-monetary) per Obligation

£175

Pre-commencement per Obligation

£60

Other (phased payments/provision of Infrastructure) per trigger point

£90

Obligations: Complex Major Sites

Trigger

Fee

Ongoing monitoring of complex major sites

£400 per year