Does EDDC know how much S106 money it has and how much is owed?

S106 money is that due to a town or parish where a developer has had to enter into an agreement to provide facilities or infrastructure to mitigate damage caused by a development.

This is the Freedom of Information request to East Devon District Council that reveals how little EDDC knows about how much money is still uncollected from S106 agreements. It should be noted that EDDC employed a S106 Officer and a Community Engagement officer for many years. Indeed, this is the convoluted procedure a town or parish has to go through to access its share of S106 contributions which mentions them by title:

and it states that the S106 officer knows how much money is available to each town and parish.

The request:

Dear Mr Metcalfe,

Thank you for your request for information. Please see our response to
your request below with supporting documentation attached.

This request concerns agreements made under Section 106 of the Town and
Country Planning Act 1990 (known as s106 agreements) particularly during
financial years 2014/2015 and 2015/2016 (to date) and compliance with
these s106 agreements.

1. How many s106 agreements were made by EDDC in each of the years stated above?

2011/12 – 170 registered agreements
2012/13 – 196
2013/14 – 297
2014/15 – 307

Please note that these are registered agreements and some are likely to
have been withdrawn, refused, or be resubmissions or supplemental agreements. Please see the attached spreadsheet for a breakdown of s106
agreements, where it’s been colour coded into financial years for ease of

2. What financial contributions were due to EDDC arising from s106
agreements in each of the years stated above?

We do not hold this information in a format which enables us to easily identify the financial contributions that were due to EDDC arising from s106 agreements in each financial year.

To find this detail we would need to check through each agreement during the stated time period. The attached list of each of the applications where a s106 agreement was registered can be searched online

Simply enter the relevant application number into the search box and all
associated documents can then be accessed.

We estimate that to search through each of these agreements to locate the
ones specifically relevant to your request will take around 30 hours of
officer time. We know that it has taken an experienced officer some 6
hours to search through 200 of these documents and this is what we have
based our estimate on. This information is therefore exempt from
disclosure under s12 of the Freedom of Information Act 2000.

I am sorry that we cannot provide this information but hope that you will
find the application reference numbers helpful in conducting any searches
of your own. If you have any difficulties using the online search
facility, please let us know.

3. What financial contributions were received by EDDC for s106
agreements in each of the years stated above?

2014/15 – £2,464,737.56
2015/16 – £1,825,993.28.

4. In respect to monitoring of s106 agreements, how many agreements
have not been complied with in each of the years stated above? In cases
where there has been a breach of the obligation, how many direct actions
has EDDC taken to recover the payments due and expenses? –

This information is not held.

5. How much revenue for s106 agreements in total is now owing to EDDC
(regardless of what year the agreement was made) because payment has not
been made?

This information is not held.

If you are not satisfied with the way we have responded to your request,
please fill in our online complaint form[2] or write to the Monitoring
Officer, EDDC, Knowle, Sidmouth, EX10 8HL.

Yours sincerely,

One thought on “Does EDDC know how much S106 money it has and how much is owed?

  1. So they extort a few thousand pounds per year from powerless beach-hut tenants but allow developers not to pay hundreds of thousands of pounds they owe.



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