Dear Hammersmith and Fulham Borough Council,

As part of negotiating planning permissions, it is common practice for section 106 agreements to include cash payments from a planning applicant/developer to Hammersmith and Fulham Council (H&F).

As part of section 106 agreements, it is common practice for time limits to be placed on H&F’s use of the cash, before it will have to be returned to the developer. For example, a section 106 agreement could stipulate that X amount of money that H&F received from a developer will have to be paid back if it’s not spent within five years from when the agreement was ratified.

With regards to the above, could I please request the following information:

1 - In each of the financial years 2008/09 to 2018/19, the total, gross amount of section 106 money that H&F returned to developers due to not spending said money within the agreed timeframe

2 - In each of the financial years 2008/09 to 2018/19, the number of instances when H&F had to return section 106 money due to not spending the money within the agreed timeframe

3 - In each instance noted from question 2, the gross amount of money that was paid back to the developer

4 - In each instance noted from question 2, the planning application that each 106 agreement was associated with (please provide the planning reference number to identify each planning application)

Yours faithfully,

Owen Sheppard

iCaseworkInformation, Hammersmith and Fulham Borough Council

Our reference: 1612975
 
 
Dear Mr. Sheppard 
 
Thank you for your request for information that was received on 7 October
2019.  Your request has been summarised as follows:
 
As part of negotiating planning permissions, it is common practice for
section 106 agreements to include cash payments from a planning
applicant/developer to Hammersmith and Fulham Council (H&F).

As part of section 106 agreements, it is common practice for time limits
to be placed on H&F's use of the cash, before it will have to be returned
to the developer. For example, a section 106 agreement could stipulate
that X amount of money that H&F received from a developer will have to be
paid back if it's not spent within five years from when the agreement was
ratified.

With regards to the above, could I please request the following
information:

1 - In each of the financial years 2008/09 to 2018/19, the total, gross
amount of section 106 money that H&F returned to developers due to not
spending said money within the agreed timeframe

2 - In each of the financial years 2008/09 to 2018/19, the number of
instances when H&F had to return section 106 money due to not spending the
money within the agreed timeframe

3 - In each instance noted from question 2, the gross amount of money that
was paid back to the developer

4 - In each instance noted from question 2, the planning application that
each 106 agreement was associated with (please provide the planning
reference number to identify each planning application)
 
We are dealing with your request under the Freedom of Information Act
2000and we aim to send a response by 4 November 2019- this is 20 working
days from the date of receipt. 
 
The Freedom of Information Act 2000may restrict the release of some or all
of the information you have requested. We will carry out an assessment and
if any exemptionsapply to some or all of the information then we might not
provide that information to you. We will inform you if this is the case
and advise you of your rights to request an internal review.
 
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
 
 
If you are registered for self-service via the Council My Account portal,
you can track the progress of your request online:  [1]Track case progress
 
Yours sincerely
 
 
h&f InTouch team
 
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Dear iCaseworkInformation,

Can you please advise when you will be able to provide a response to this request?

Yours sincerely,

Owen Sheppard

Patterson Matt: H&F, Hammersmith and Fulham Borough Council

1 Attachment

Dear Mr Sheppard

 

I am writing in response to your FOI request regarding unspent Section 106
money and whether H&F has had to return any unspent S106 to developers
over the past 10 years.

 

Current records do not show H&F as having returned any unspent S106 money
to developers over this period.

 

Kind regards

 

Matthew Paterson

Interim Head of Spatial Planning

The Economy Department

Hammersmith & Fulham Council

0777 6672 447

[1][email address]

[2]www.lbhf.gov.uk/localplan

 

[3]H&F EU settlement scheme banner, link to H&F website

Everyone’s welcome in Hammersmith & Fulham

[4]Find out more about the EU Settlement Scheme

Do it online at [5]www.lbhf.gov.uk

To sign up for regular news updates, please go to
[6]www.lbhf.gov.uk/newsupdates

If you have received this email in error, please delete it and tell the
sender as soon as possible. You should not disclose the contents to any
other person or take copies.

All emails you send over the internet are not secure unless they have been
encrypted. For further details, please see
[7]www.getsafeonline.org/protecting-yourself

References

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3. https://www.lbhf.gov.uk/births-deaths-an...
4. https://www.lbhf.gov.uk/births-deaths-an...
5. https://www.lbhf.gov.uk/
6. https://www.lbhf.gov.uk/newsupdates
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