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S106 On Less Than 10 Dwellings


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#1 oz07

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Posted 30 November 2015 - 09:49 AM

As per title. I have spoken to a contributions person this morning who says s106 is now applicable to less than 10 dwellings as per a court ruling. I've done a few searches and see the govt was granted permission to appeal a few months ago. Anyone know when this appeal is scheduled for? How long does this process take.

#2 temp

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Posted 30 November 2015 - 12:20 PM

Court cases can take years.

In here it suggest that even if the government win their case at appeal they may have to pass new legislation..

http://www.easthants...ble Housing.pdf

Quote

It is worth noting that one of the grounds for quashing the new national policy was that it ignored or circumvented the presumption in favour of development plan policies, conferred by Section 38(6) of the Planning and Compulsory Purchase Act 200410. This is relevant to East Hampshire, as policy CP13 of the JCS seeks the provision of affordable housing on development sites of more than one additional dwelling. If, in the future, the Government were to seek the introduction of a similar policy for limiting or excluding affordable housing contributions on small sites; such a policy would not supersede the JCS requirements as a matter of principle, unless it were accompanied by a change to the primary legislation.



#3 oz07

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Posted 30 November 2015 - 12:57 PM

Great eh

#4 Triassic

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Posted 30 November 2015 - 01:02 PM

If the contributions are a deal breaker, why not sell each site separately to individual self builders, after all they would be exempted.

Edited by Triassic, 30 November 2015 - 05:42 PM.


#5 Calvinmiddle

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Posted 30 November 2015 - 01:24 PM

I thought s106 still were applicable for self builders and it was the CIL that they were exempt from.

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

#6 oz07

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Posted 30 November 2015 - 01:36 PM

These policies are a mess aren't they

#7 joiner

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Posted 30 November 2015 - 02:07 PM

The policy to exempt <10 developments was actually ruled to be illegal. ;)

#8 oz07

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Posted 30 November 2015 - 02:43 PM

Sorry joiner that's what I meant in original post, will ammend

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.


#9 Triassic

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Posted 30 November 2015 - 05:46 PM

View Postoz07 said:

These policies are a mess aren't they
And are a post code lottery. No mention of CIL or S106 when submitting my application.

#10 temp

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Posted 30 November 2015 - 06:18 PM

As I understand it councils must produce a list called the Regulation 123 list which details what can be funded by the CIL. Anything on that list cannot also be funded by an S106 as well. For example if the list mentions Primary and Secondary school places they can't hit you with a S106 for those, but they could for nursery places.

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.