Planning obligations: Compliance with CIL: reg 122 and 123

Weston Homes Plc v East Hertfordshire DC

[2017] P.A.D. 42 (Planning inspector)

On pooling restrictions

61…The council’s planning obligations and open space, sport and recreation supplementary planning documents set out the amount of contributions by reference to the number and size of dwellings proposed.

62 Following discussion at the inquiry, the council prepared a further statement on the contributions to the district council. 19 Buntingford Town council has identified a need to provide additional equipment at the Norfolk Road Playing Field to which the children and young people facilities payment could contribute. The council’s statement confirmed that no other developments have contributed to this project and, therefore, the pooling restrictions set out in CIL reg.123 do not apply. I am satisfied, therefore, that the children and young people facilities contribution meets the requirements of reg.122 and have taken it into account.

63 The council’s statement confirms that at least five previous developments have made contributions towards outdoor sports facilities since 2010, albeit that it appears that the term has been used generically. The PPG advises that authorities who refer to generic types of infrastructure, rather than specific projects, in their s.106 *595 agreements will be unable to collect more than five contributions towards those generic funding pots due to the reg.123restrictions (paragraph Ref: ID: 25-101-20140612).

64 The council has suggested that the UU be amended to refer specifically to outdoor gym facilities, rather than outdoor sports facilities and that the Town council would use the previous contributions for other projects such as tennis courts and re-surfacing. However, even if the UU was amended as suggested, there would be no change to the generic terms of the previous s.106 Agreements or legal mechanism to control how those contributions are spent. I am not persuaded, therefore, that the council’s suggestion would overcome the pooling restriction. As such, I have not taken the outdoor sports facilities contribution into account. Since at least five contributions have already been made to such facilities, I consider that the absence of a further contribution would not have a harmful effect on the provision of local infrastructure.

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