For those of us who thought that the decision in Oxfordshire County Council v Secretary for State for Communities and Local Government and others  had settled the argument about whether councils are entitled to claim monitoring fees in relation to Section 106 agreements, the inspector’s decision in (DCS Number 200-006-210) makes discomfiting reading.
In this decision the inspector acknowledged that the judge in Oxfordshire County Council had taken the view that the inspector in the case before her was entitled to conclude that the costs of administration and monitoring for the discharge of its functions under section 106 of the 1990 Act would be included in Oxfordshire County Council’s resources and budget.
However, after careful reading of the court judgment the inspector in (DCS Number 200-006-210) came to the conclusion that “…in considering the Section 106 Agreement submitted to it and in exercise of its planning judgment, the Council was entitled to take the view that monitoring fees were necessary to make the development acceptable in planning terms. That will always be a matter of planning judgement based on the particular facts of each case and would need to be justified on a case by case basis.”
For more detail on this read paragraphs 28 to 31 of the inspector’s decision in respect of the appellant’s costs claim.
The following DCP section is relevant: 4.6