The council charges monitoring fees per 'head of term' in relation to S106 contributions as allowed by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019.
S106 monitoring fees
The council charges a fee to monitor all planning obligations as set out in the CIL Regulations and this is decided at a cost per head of term contained within the obligation and is in addition to the legal charge for drafting and checking the obligation.
From 1 January 2024
- 5% of cost per financial head of term (outside the scope of VAT)
Monitoring fee for financial heads of terms is capped at a maximum of £17,000 per application. This cap only applies to applications without long term ecological management which may be subject to separate negotiation.
- £864.00 per non-financial head of term (outside the scope of VAT) – This fee is uncapped.
Ecology monitoring including Biodiversity Net Gain (BNG) by the Council’s Ecologist will be charged at £75/hour.
Deed of variation (DOV)
A monitoring fee of £350.00 per DOV will be applied.
Late payment surcharge
In the event of any late payment, a surcharge will apply to S106 financial heads of terms - equal to two and a half per cent of the amount owed or £500, whichever is the greater amount. This will be in addition to any late payment interest as per the S106 agreement.
Solent Recreation Mitigation Partnership
Payment for management of internationally protected habitat. Contribution per dwelling plus monitoring and administration charge (the administration charge applies only to Unilateral Undertakings). This is only applicable to net new dwellings within 5.6km of the coast. Find out more about the Unilateral Undertaking - Solent Recreation Mitigation Strategy.
Basis for these charges
The basis for this is set out in the following: