Section 106: Guidance on the use of planning obligations for Welsh ...

Good practice check list
When developing and reviewing obligations policies LPAs should
ensure they have a thorough understanding of the variety of different
forms of contributions and the circumstances in which it would be
appropriate to make use of them to improve delivery.
When phasing obligation payments over time LPAs should establish
and utilise monitoring systems to ensure payments are tracked and
delivered and that funds are spent on the relevant infrastructure. 3
LPAs should make use of relevant costs indices to help inform the
cost of providing obligation payments over a significant period of
time. 3
LPAs should set out in the S.<strong>106</strong> agreement the timescale for any
unspent financial contributions to be returned to the developer if the
infrastructure is not brought forward and whether or not it will attract
an interest payment.
If establishing a management company or trust to manage and
maintain relevant facilities over time, LPAs should consider and
engage with the community to see if there is interest and willingness
for such an organisation to be managed by the community.
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3
3
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