Section 106 Monitoring Fees

Monitoring charges for S106 agreements

Charges are based on the full cost recovery rate for officers involved in the S106 process.   The charges reflect the officer time involved in the recording, monitoring and reporting on planning obligations.  Such tasks include, but not exclusively;

• Recording the details of the Section 106 agreement on an IT system; including all clauses, contributions and trigger points;
• Written approval of schemes as required by the legal obligation;
• Monitoring the progress of the development to identify when triggers have been met and when obligations are due to be paid;
• Undertaking site visits as required;
• Invoicing for financial contributions, including calculating indexation uplift and applying interest as per the terms of the legal agreement if the contribution is overdue;
• Ensuring compliance with the obligations contained within the legal agreement;
• Recording financial transactions for the purposes of reporting on income and expenditure of developer contributions;
• Managing the process of allocating and spending developer contributions in accordance with the terms of the legal agreement;
• Monitoring long-term compliance with in perpetuity clauses; and
• Publishing detailed information on financial contributions within the Annual Infrastructure Funding Statement; the S106 Report

The bands are based on the number and type of obligations necessary to make a development acceptable, in accordance with the North Devon and Torridge Local Plan 2011 - 2031, dependent on the type and scale of the development proposed.

Monitoring fees will be secured by way of contractual covenant in the Section 106 agreement itself and will be in addition to the legal charge for drafting and checking the obligation. Fees will be payable at the same time as any legal costs or on the execution of the legal agreement.

S106 Monitoring Fees: Charging Schedule

The fees quoted above are for the financial year 2023-24; applicable from 1^st April 2023.