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P9.3: Actioning & Monitoring S106 Obligations

In order to ensure that agreed obligations are implemented effectively and contribute towards sustainable development it is essential that LPA’s have systems in place to enable them to monitor the timely and efficient compliance of S106 provisions. Frequently there will be a range of different activities / tasks that need to be taken forward by various parties including the local authority, developer, county council and other agencies. Different timescales will also be involved, with trigger points for payment potentially extending far into the future.

There are a number of different approaches that can be taken to manage and monitor the process dependent upon the circumstances of the case. Various models of good practice have emerged such as the establishment of dedicated S106 officers and the use of Information Technology. The approach adopted by Colchester Borough Council is one such example of good practice, and others are highlighted in the Planning Obligations: Practice Guidance (ODPM, 2006) - see Planning Obligations latest information (DCLG 2010).

Whatever approach is adopted it is vital that robust administrative processes are put in place within the Local Authority linked to key trigger dates and milestones, and that performance/compliance monitoring information is available for relevant stakeholders such as Members and the local community. This will be especially important to track receipt and actioning of financial payments and to provide a clear audit trail should queries arise. It is recommended that regular information is circulated to those involved and that monitoring reports are presented to the relevant Committee of the Authority.

Last Updated on Tuesday 08/03/2016 - 04:41PM

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Advisory Team for Large Applications (ATLAS), 2017