Friday, 18 September 2015

Error Over S106 Agreements Costs Council Nearly £2m

Rutland County Council has approved a settlement with a developer after a planning error cost it nearly £2m. The mistake was made by officers in 2011 and involved the s106 Agreement over a 1,000 dwelling housing development in Oakham. The blunder happened when the developer of the Oakham North scheme, asked to vary a minor condition of the section 106 agreement for the project. The condition related to flooding issues. The variation was agreed under delegated powers by officials. But in the process the developer ended up with a second valid permission but one without a s106 agreement. The developer pointed out the error. Following legal advice and negotiations the developer has now agreed to pay a sum of £4.8m. The council has estimated that if it had not made the mistake it would have expected to receive some £6.68m under the terms of the original s106 agreement. Read more on the Planning Portal.

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