follow up query to reply 111455/706920 information re s106 Education payments

The request was partially successful.

Dear West Sussex County Council,
Thank you for reply ref: 111455/706920 . As your reply confirms there is in excess of £12m education payments not received from Developers since 2010, I would like to ask the following additional queries:
1. Has Woodlands Meed been identified as a PRIORITY cost which needs to be meet from Education S106 payments – if not, why not ?
2. Who within WSCC or MSDC is responsible for ensuring that this happens.
3. Why there is still some £12,850,429 still outstanding from 2002 and £12,452,603 outstanding from Developers since 2010, and what steps WSCC is taking to ensure that trigger dates for payment are being monitored and due sums received.
4. Why in respect of 167 Developments no payments have been paid to date ( i.e. 36% of Developers granted planning permission in Mid Sussex have not paid the sums due under their s106 agreement )
5. s106 payments usually become payable in order to trigger a planning permission, allowing a development to proceed. Most planning consents are conditional upon commencement within 5 years. There are 40 planning consents where NO s106 payments have been received which pre date September 2011. It is assumed that the Developer would not have been permitted to carry out the development without honouring their legal obligation to make s106 payment. Please confirm that these developments did not proceed and that the consents have therefore now expired.
6. All s106 payments are required to be paid into an interest bearing account. Some of the payments received but not expended dated back to 2002. Please advise the amount of interest which can be added to the s106 funds.
7. You will be aware that Developers are entitled to recover s106 payments if they have not been expended within a reasonable time ( even in the absence of an express refund provision ). There would appear to be a risk that developers could claim back in excess of £5M as this has not yet been spent in Mid Sussex. All the more reason WSCC should commence the KS 4&5 building for Woodlands Meed without delay.
8. The New Homes Bonus scheme was intended to support LA expenditure arising from construction of additional houses in their area. MSDC received £2,495,072 in 2014; £3,256,349 in 2015 and £4,429,179 in 2016. How much of that £10,180,600 has been allocated towards Woodlands Meed, the construction of which is required as a direct consequence of the additional new houses being constructed in the district. If not, why not.

I look forward to your response

Thank you
Yours faithfully,

Marion Wilcock

Freedom of Information Act,

1 Attachment

Dear Ms Wilcock,

 

Thank you for your enquiry, which has been forwarded to the appropriate
officers for a response. The usual timescale for a response is twenty
working days, that is by or on25.10.16.

 

If for any reason the Council needs to extend this timescale you will be
notified in accordance with the relevant legislation.

 

Please note that in 2012 the County Council adopted a position in
principle that FoI and EIR requests to West Sussex County Council and the
Council's responses may be published on the Council's website in a
suitably anonymised form. This is in addition to the individual response
to the requestor, and in line with the Council's commitment to
transparency and open data.

 

Yours sincerely,

 

Helen Thompson

Customer Relations Officer

 

Freedom Of Information |  [1]West Sussex County Council | Location:
County Hall, Chichester PO19 1RQ
E-mail: [2][email address]

 

WSCC-logo_ICS-logo

 

show quoted sections

Graham D Jessop,

2 Attachments

Dear Ms Wilcock,

 

Please find attached our response to your recent Freedom of Information
request.

 

Kind Regards

 

Graham Jessop

 

Land and Property Information Officer 

 

 

[1]Graham Jessop | Land and Property Information Officer, Land & Property
Information,

Valuation  & Estates, 

[2]West Sussex County Council | Location: 2^nd Floor, Northleigh, Tower
Street, Chichester, PO19 1RF.

 

Internal: 23010 | External: +443302223010| E-mail: [3][email address]

 

 

This email and any attachments are confidential and intended solely for
the persons addressed. If it has come to you in error please reply to
advise us but you should not read it, copy it, show it to anyone else nor
make any other use of its content. West Sussex County Council takes steps
to ensure emails and attachments are virus-free but you should carry out
your own checks before opening any attachment.

References

Visible links
1. mailto:graham%20d%20jessop/CS/WSCC
2. http://www.westsussex.gov.uk/
3. mailto:[email%20address]