S106 On Less Than 10 Dwellings
Posted 30 November 2015 - 09:49 AM
Posted 30 November 2015 - 12:20 PM
In here it suggest that even if the government win their case at appeal they may have to pass new legislation..
Posted 30 November 2015 - 01:02 PM
Edited by Triassic, 30 November 2015 - 05:42 PM.
Posted 30 November 2015 - 01:24 PM
Think that now on the S106 they have to say what the contribution is for and not have moe that 5 schemes contributing to it.
Someone with more up to date info can elaborate as I paid my s106 over 2 years ago
Posted 30 November 2015 - 02:07 PM
Posted 30 November 2015 - 02:43 PM
No need to edit, just re read my post and that is what I am saying, 106 now enforceable as per high court ruling
Edited by oz07, 30 November 2015 - 02:44 PM.
Posted 30 November 2015 - 05:46 PM
Posted 30 November 2015 - 06:18 PM
The CIL cannot be used for Affordable Housing so that won't be on any councils R123 list meaning they can require S106 for Affordable Housing contributions.
Since April 2015 LPAs can no longer pool more than five S106 issued after April 2010 for infrastructure capable of being funded by the CIL. However since Affordable Housing cannot be funded by the CIL I believe they can issue and pool more than five S106 for Affordable Housing.
No special provision has been made to exempt Self Builders from S106 but the government did try to exempt developments of less than 10 houses (5 in some areas). The media (and government?) reported this as an exemption for self builders. As others have said it's this that has been overturned by the court.
Edited by temp, 30 November 2015 - 06:20 PM.