Section 106 monitoring fees

Section 106 monitoring fees

Find out about the funding for infrastructure requirements arising from development across Worcestershire.

Purpose

The Council as a local authority enter into section 106 legal agreements (planning obligations) with developers to collect funding for infrastructure requirements1 arising from development across Worcestershire. 

This funding is monitored and reported in an annual funding statement.

Planning obligations are legal obligations entered into to mitigate the impacts of a proposed development. Planning obligations are normally secured through a legal agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) and are a mechanism through which development proposals can be made acceptable in planning terms. 

It is an administrative burden on the Council to monitor such Agreements. The law permits local authorities to seek a proportionate and reasonable contribution toward the monitoring and reporting of planning obligations through section 106 Agreements. 

For more information please see:

When planning obligations for transport and education infrastructure are included in a legal agreement, the Council will seek monitoring fees towards the monitoring of such obligations. The fees are based on:

a) the actual work undertaken to administer and ensure compliance with the agreement and

b) the development size

The monitoring fee has two elements:

  • a fixed admin set up charge whereby we must undertake an action once and
  • a charge based on the size of the development as larger developments generally attract a greater level of work;  this second charge is further multiplied by the number of trigger points to reflect this; this ensures the fees charged are proportionate, reasonable and reflect the actual cost of monitoring

The monitoring fee and all elements of it will be reviewed annually in line with appropriate cost increases.

1 Infrastructure requirements that fall specifically to the county to deliver

Section 106 monitoring fees

Monitoring fees residential

Fees

Purpose Charge Type Small (Low) 10 - 99 dwellings Medium (Medium) 100-499 dwellings Large (High) 500-999 dwellings Very Large 1,000+ dwellings
Education Fixed Admin Set Up Charge £60.00 £80.00 £140.00 £190.00
Education Per trigger (to be multiplied by the number of trigger points per site) £430.00 £610.00 £740.00 £740.00
Transport Fixed Admin Set Up Charge £1,087.00 £1,206.00 £1,384.00 £1,443.00
Transport Per trigger (to be multiplied by the number of trigger points per site) £956.00 £1,727.00 £2,497.00 £3,208.00

Monitoring fees worked examples residential

Fees

Purpose Charge Type Small (Low) 10 - 99 dwellings Medium (Medium) 100-499 dwellings Large (High) 500-999 dwellings Very Large 1,000+ dwellings
Education Illustrative total for 1 trigger point site £490.00 £690.00 £880.00 £930.00
Education Illustrative total for 2 trigger point site £920.00 £1,300.00 £1,620.00 £1,670.00
Transport Illustrative total for 1 trigger point site £2,043.00 £2,933.00 £3,881.00 £4,651.00
Transport Illustrative total for 2 trigger point site £2,999.00 £4,660.00 £6,378.00 £7,859.00

Monitoring fees for commercial developments

Fees

Purpose Commercial Non-Residential Section 106 Agreement Value up to £50,000 Commercial Non-Residential Section 106 Agreement Value £50,001 to £100,000 Commercial Non-Residential Section 106 Agreement Value over £100,000
Transport £945.00 £1,246.00 £1,279.00

Useful documents

Section 106 developer contributions

Section 106 monitoring fees (PDF)

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