S106 Management acted for the applicant in this case involving redevelopment of a vacant site on the edge of Birmingham.
S106M provided extensive viability reporting demonstrating that the scheme as designed was not viable at the level of contributions proposed by the council. We further contested the excessive S106 contributions sought on the basis of CIL Reg 122.
Following extensive negotiations with planning officer and consultants we agreed that the scheme as designed would be unviable at the level proposed. Further a significant S106 contribution was dropped on the basis of inadequate justification linking it with the proposed development.
The heads of terms of the S106 agreement were agreed at a significantly reduced £100,000 with no late review mechanism and payment on occupation of the 2nd unit.
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