Freedom of Information Act / Environmental Information
17 December 2013
Please provide the following details for all payments received under Section 106 planning
• The value of the payment
• The purpose of the payment
• The amount of the payment that has been spent • The amount that has been committed but not
spent • The amount that has not been committed or spent • The amount that has been repaid •
The reason for the repayment Please provide these details for the following years:
Please also provide details of any unspent money that dates back to before 2008-9
If information is to be released use the following and appropriate standard paragraphs:
The information requested is provided in the attached excel spreadsheet, where the information is
available. The Council’s systems do not hold the data before 2008/09.
A summary of each worksheet is provided below: Worksheet
s106 summary by financial yr
A high level summary for the Council of the contributions
received, expenditure and contributions returned for the financial
s106 return comments
Provides a breakdown by scheme, and financial years requested
the amount of monies returned with an explanation why the
monies were not spent.
A high level summary of s106 balances held by the Council as at
the end of September, detailing the level of balances held with
the amount committed or uncommitted and a further breakdown
of the deadline when the contribution has to be spent.
This is the most recent version available for the current financial
Value & Purpose of payments
Lists all the contributions for the periods requested, with the
original value, interest applied to the contribution and the amount
of contribution spent to date.
Section 106 agreements attract interest whilst the Council holds,
and does not spend the contributions.
There is a difference on this worksheet, £37.116m
, compared to
the balance in the committed worksheet, £37.397m
; this is purely
a timing difference.
Section 106 contributions made to the Council are to be spent in accordance with the terms of the
agreements; the Council is not permitted to spend the monies outside of these agreements.
Section 106 agreements are legally binding contracts, generally time limited, between the
signatories generally in this case ECC, the local planning authority and the developer with each
s106 agreement is different.
There are a range of circumstances where the Council returns monies to the developer, for
The infrastructure is no longer needed or is no longer affordable from the original
contribution and no other funds are available.
Where the funding is more than adequate to meet the final costs, agreements require the
remaining funds to be returned.
Where unforeseen circumstances mean the works cannot be delivered or could not be
delivered within the time frame of the agreement. In appropriate cases officers will seek
extensions of time or seek top up funding to deliver schemes.
Uncommitted funding relates to monies for projects not yet formally added to the authority’s
Capital Programme. Many of the uncommitted funds are earmarked for particular projects, but
they will not be formally added to the Authority’s Capital Programme until the trigger points in the
development occupations for the predicted infrastructure needs have been passed. The current
economic downturn has affected build out rates and as a result has impacted on the triggers by
which infrastructure is required.
Your Right to Know
Essex County Council
Telephone: 08457 430430