Section 106 & Community Infrastructure Levies

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Dear Greenwich Borough Council,

At a recent public meeting, one of your senior planning officials stated that there was a development value threshold for S106 & CIL payments, at which point they become payable. Could you please provide details of the threshold and the formula applied to calculate the amount payable. If there are a scale of charges, please provide details of all value bandings & the formulae applied to each band. Is this banding/formulae used in all cases? If not, in what proportion of developments with a S106/CIL charge since 1/1/2016 was this applied?

It was also stated that there was a set formula for the distribution of S106 & CIL monies to differing recipient projects (improvements to highways, GLLaB etc). Please provide a copy of the guidance & calculation formula that is applied. Is this guidance & calculation used in all cases? If not, in what proportion of developments with a S106/CIL charge since 1/1/2016 was this applied?

If there is NOT a set of formulae/table of charges for either levying or distribution of these monies, please provide a copy of the most recent guidance that RBG uses to calculate & distribute funds.

If there is NOT written guidance, who makes the decision, calculates the charge & distribution splits?

Yours faithfully,

Simon Trill

foi, Greenwich Borough Council

Dear Mr Trill

Freedom of Information request: FOI-24079

Thank you for your request dated 29 January 2019

Your request will be answered by 26 February 2019

If you have any queries about this request, please contact me, quoting the reference number above.

Yours sincerely,

Jackie Jago
Head of Corporate Services
Corporate Services
Directorate of Central Services
Royal Borough of Greenwich

020 8921 5044
 Room 20 Basement The Town Hall, Wellington Street, London SE18 6PW
www.royalgreenwich.gov.uk

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foi, Greenwich Borough Council

3 Attachments

Dear Mr Trill

 

Freedom of Information Request:  FOI- 24079

 

Thank you for your email dated 29th January 2019 in which you ask:

At a recent public meeting, one of your senior planning officials stated
that there was a development value threshold for S106 & CIL payments, at
which point they become payable. Could you please provide details of the
threshold and the formula applied to calculate the amount payable?   If
there are a scale of charges, please provide details of all value bandings
& the formulae applied to each band. Is this banding/formulae used in all
cases? If not, in what proportion of developments with a S106/CIL charge
since 1/1/2016, was this applied?

It was also stated that there was a set formula for the distribution of
S106 & CIL monies to differing recipient projects (improvements to
highways, GLLaB etc). Please provide a copy of the guidance & calculation
formula that is applied. Is this guidance & calculation used in all cases?
If not, in what proportion of developments with a S106/CIL charge since
1/1/2016, was this applied?

If there is NOT a set of formulae/table of charges for either levying or
distribution of these monies, please provide a copy of the most recent
guidance that RBG uses to calculate & distribute funds.

If there is NOT written guidance, who makes the decision, calculates the
charge & distribution splits?

 

Our response to your question is as follows:

S106
The threshold for seeking S106 contributions is a major scale development
which effectively means where 10 or more residential units are being
created or more than 1000sqm of commercial floor space.

 

We calculate S106 contributions based on the adopted Planning Obligations
SPD (see attached). If there are site specific contributions these will be
calculated on a bespoke basis depending on the nature of the required
mitigation.

 

In terms of the spending of S106 contributions, these are detailed within
the S106 agreement and need to be spent directly on those items i.e. if a
financial contribution is secured towards education then it must be spent
on this. CIL contributions are different in that they are pooled and spent
on items on the CIL 123 list.

 

 

CIL

 

The threshold for charging CIL is on developments which create net
additional floor space, where the gross internal area (GIA) of new build
is 100 square metres or more. That limit does not apply to new houses or
flats, and a charge can be levied on a single house or flat of any size.

We calculate CIL based on the rates in our charging schedule (attached).

The ‘governance arrangement report’ (attached) details how the Royal
Borough spends CIL that is collected.

 

If you have any queries about this correspondence, please contact me,
quoting the reference number above.

 

If you are not satisfied with our response to your request, you can ask
for an Internal Review.  Internal review requests should be submitted
within two months of the date of receipt of the response to your original
request.  If you wish to do this, please contact us, setting out why you
are dissatisfied.

 

If you are not satisfied with the outcome of the Internal Review, you may
apply directly to the Information Commissioner (ICO) for a decision. 
Generally, the ICO cannot make a decision unless you have exhausted the
Internal Review procedure provided by the Council. You can contact the ICO
by emailing [1][email address], or by post at Customer Contact,
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
SK9 5AF.

 

Yours sincerely,

 

Jackie Jago

Head of Corporate Services

Corporate Services

Directorate of Central Services

Royal Borough of Greenwich

 

020 8921 5044

Room 20 Basement The Town Hall, Wellington Street, London SE18 6PW

www.royalgreenwich.gov.uk

 

 

 

 

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