Monitoring costs in Section 106 Agreements
A recent case of Oxfordshire C.C. v The Secretary of State for Communities & Local Government in the High Court has suggested that there is nothing in the Town & Country Planning Act 1990, the Planning Acts 2008, the CIL Regulations, the National Planning Policy Framework or the National Planning Policy Guidelines to suggest that the local authorities should or can claim monitoring/administration fees as part of planning obligations.
The suggestion is that the cost of monitoring and enforcing obligations should fall to the local authority’s function as a local planning authority and the cost should not be met by the developer. The case led to discussions as to the work actually required to monitor the obligations and in exceptional cases where there may be a considerable amount of work involved it may still be possible for a Council to argue there should be a monitoring fee. However, it is now likely that in more routine cases monitoring fees will not now be appropriate.
If you would like to discuss the implications of this ruling or specific cases, please contact Vicky Stoodley.