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Submit plansWe completed our self build 5 years ago this June and, at the time, like most people, were required to make a hefty “Section 106” payment as a condition of our planning consent.
The payment was supposed to be a contribution towards the increased need for provision of children’s play areas/facilities in specified parishes within a (roughly) 5 mile radius of our build.
One of the conditions of the agreement was that if the local authorities failed to spend the money within 5 years we would be entitled to reclaim the payment. Needless to say, no new play facilities have been provided in any of the said parishes. Does anyone have any experience of the procedure for reclamation or could perhaps offer advice?
Many thanks, David Oliver
I’m aware of this situation, but have not met anyone who has been through the process.
However, the first thing to do is write to the chief planning officer at your local authority quoting the original terms of the S106 and challenging them to prove they have kept their side of the bargain.
If the money has not been spent in accordance with the terms of the agreement, then you should be due a refund. If they procrastinate, a letter from your solicitor will concentrate their minds.
– Mike Hardwick, Build It Expert