Section 106 monitoring fees

Planning Obligations : Monitoring Fees 2024/25

Regulation 122 (2A) of the Community Infrastructure Levy (CIL) Regulations 2010 (as amended) permit local authorities to charge a fee for monitoring and reporting on planning obligations.

The Planning Practice Guidance currently states the following in relation to charging planning obligation monitoring fees:

Authorities can charge a monitoring fee through S106 planning obligations, to cover the cost of monitoring and reporting on delivery of that S106 obligation.  Monitoring fees can be used to monitor and report on any type of planning obligation, for the lifetime of that obligation.  Monitoring fees should not be sought retrospectively for historic agreements.

From the 1^st of August 2024 Tendring District Council will charge a monitoring fee towards administration costs.  The monitoring fee is to be paid at preparation of the S106 legal deed and will be periodically reviewed to ensure the administrative costs associated with monitoring and managing developer contributions are covered.

Monitoring and reporting activities

Tendring District Council undertakes a number of monitoring activities in relation to planning obligations including:

• data entry and maintenance of planning obligations database (Exacom)
• monitoring of trigger points for obligation actions and for receiving payments
• developer liaison and confirmation of compliance of obligations
• site visits, as required.
• monitoring financial obligation time limits and spend
• calculation of indexation and interest applied to planning obligations.
• the issuing of S106 Demand Notices (invoicing)
• processing of S106 payments
• chasing unpaid invoices
• arranging bank transfer of financial obligations
• ensuring timely delivery of infrastructure projects funded through S106.
• gathering and recording of spend data evidence.
• reviewing projects to comply with legal obligations.
• monthly reconciliation of data
• regular reporting and production of the s106 Report and Infrastructure Funding Statement

Tendring District Council's monitoring fee is per agreement, not per obligation.

Table 1: Inclusive of RAMS as applicable (where other obligations are required for the application)

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Table 2: RAMS only applications (for example, Prior Approval applications for new dwellings)

Biodiversity Net Gain

Please Note: Planning conditions or obligations are likely to be required to ensure effective monitoring and enforcement of biodiversity net gain and in line with government guidelines, may incur a fee under the terms of a Section 106 agreement.  BNG fees are separate to, and are not covered by, this schedule.