Planning Application. - S106 Agreement

111KAB

Question particularly geared at planning_officer but response may help 'others' plus someone else may be able to answer my query.

I have recently submitted a planning application to convert a semi-derelict barn to form a single dwelling. Pre-application meetings have been held with the LA and positive feedback obtained. Having now submitted the application the LA say they require a Section 106 Agreement to cover aspects such as contributions to local schools, libraries etc etc. This is the first time they have mentioned this. They require an up-front fee (for legal drafting) of £250 and an 'open-ended' contribution ie they determine the level of S106 contribution once permission is forthcoming.
Is this correct?
Is there any way around it?
Thank you.

therealhyper

Hi,
Brace yourself because this could be very expensive.

what has this barn been used for previously? have any of the areas in the barn been used as a residential living area? and if so, do you have proof of this? (i.e what does the council tax bill state this barn as).

if yes, then you have a solid chance of avoiding a very expense bill.

111KAB

No barn was used for farm storage - never been used for residential purposes. Accept your comment "...this could be very expensive". Can you place some sort of value on this please.

therealhyper

111KAB wrote: »

No barn was used for farm storage - never been used for residential purposes. Accept your comment "...this could be very expensive". Can you place some sort of value on this please.

Only your local council could confirm the figures, but it could 0 and £20,000 up-wards and you will be made to sign a binding agreement before they give any permission for change.

they will contact the local school authority's, traffic agency's etc to ascertain the level of impact the property will have with in the area and if it will 'burden' the local area in anyway.

the little I know about this, but they do look at the number of bedrooms the property will have to get a idea of the number of people living in their and a lot of the costs are based on this.

if any of the barn area had been used as a residential area then this would likely reduce any costs they decide to put forward.

speak to your local architect for advice, I am sure you are not the first person to come across this and they may be able to give you solid advice and direction.

111KAB

therealhyper wrote: »

Only your local council could confirm the figures......

That is part of the problem ..... they will not at this stage hence my original question regarding the 'open-ended' nature of the contribution. Catch 22 really as if I don't agree they will not grant permission and if I do agree I do not know the monetary value of what I am agreeing to (other than their £250 legal costs/photocopying cost!)

teneighty

In my experience a monetary value is calculated and included in the sect. 106 agreement before you sign it. I cannot see how a 106 agreement could be drafted if it did not include a value of the contribution required. The local authority areas I work in publish the calculation guides on their websites for social housing and transport contributions.

I would also suggest you seek professional advice. The last project I worked on we reduced the 106 contribution from just over £9k to under £2k.

111KAB

The letter from the LA states " Accordingly the proposed development is within the thresholds as identified in this document [basically identifies what contributions will/could be used for]. This contribution needs to be secured by a S.106 Legal Agreement.......at this stage you can just confirm in writing that you agree to pay the contributions [and the legal charges associated]"
As I read it the LA are saying a S.106 will be required before approval is given or approval will be subject to a S.106 being entered into however we do not require you to enter into this now however just confirm to us you will. Surely by saying I will this is leaving it 'open-ended' for the LA to charge whatever they want in order that the permission is released? I accept that I could walk away if planning received but no S.106 entered into however in seeking planning alone the expenditure will be in the order of £5k.

therealhyper

Thats just nonsense!
They are asking you to sign a declaration without confirming the amount you could pay...it would be silly to agree to anything without knowing what your agreeing too!

A solicitor or a local architect (who would have worked with the local council) will know the in's and out's and will deffo be worth you contacting them ASAP.