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are 106 contributions voluntary

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  • are 106 contributions voluntary

    hi there

    i hope i am on the right part of the forum. i wondered whether anybody would know the answer to this. we applied for planning and agreed to pay the council's 106 contribution which i believe was 'voluntary' but would affect how the council 'viewed' the application. the charge of £2500.00 seemed very unfair as we were only creating one more small unit. we got turned down for planning. when we reapplied, for a smaller extra unit, it would have qualified for 106 at £1250.00 but the council did not ask us to sign a new agreement.(an oversight presumably) this was a new planning application.
    i am now concerned that the council can ask us to pay this contribution retrospectively even though we didn't agree to do so. the council charge whacking great fees for every aspect of planning and building regs. so i dont feel unreasonable in avoiding the 106 but wondered what the legal situation was. any clever folk out there know the answer??? many thanks