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 S.106 planning obligations, to cover the cost of monitoring and reporting on delivery of that S.106 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 1st 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 S.106 legal deed and will be periodically reviewed to ensure the administrative costs associated with monitoring and managing developer contributions are covered.
Tendring District Council undertakes a number of monitoring activities in relation to planning obligations including:
Tendring District Council's monitoring fee is per agreement, not per obligation.
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.
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