Section 106 Dues Being Settled (Almost)

A year has passed since I last wrote about Cornwall Council’s constant battle with developers and their obligations on Section 106 agreements. The team behind chasing up the agreements should be congratulated on the work they have done in making sure agreements have been settled.

However, there are many developers who are not honouring their agreements and in fact go down legal channels to change their obligations once they have completed their project. During the planning process they generally make great claim they are entering into these agreements, but six months later do their most to wriggle out of them.

106 agreements are an important part of the planning process and help to pay for schools and open spaces, especially in larger developments. For example, The Moors children’s play equipment was funded in part by 106 money; as without this money it would be highly unlikely this park would have been built.

I say to developers, if you enter into the agreement, honour it when you have made your money.

3 comments

  • between-the-lines

    Call me straightforward, or simple-minded, but surely one obvious solution to developers defaulting on their S106 would be to refuse them any further permissions until they have honoured their promises properly.

  • Cllr Andrew Wallis

    This point was raised this morning. However, this would not be lawful.

    There is though an idea for a bond to be placed as security on new applications if a S106 is likely.

    In planning it is never simple!

  • between-the-lines

    Well, people seem to forget these days that one of the great things about laws is that they can always be changed.

    Having said that, the bond idea looks a good one.

    We have terrible problems with unpaid S106 here in North Devon, meaning that local people really lose out. Would it just be Cornwall bringing this in, or nationally? Do some areas already do it?

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