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Data protection and freedom of information

Details of Section 106 sums owed to the Council

Copy of letter sent on 16th January 2023 in response to Freedom of Information request 12987897 asking for data on Section 106 sums owed to the Council.

Dear Ali Mitib,

Thank you for your recent request. Your request was actioned under the Freedom of Information Act 2000 in which you requested the following information.

Question

For every payment that is owed to the council, I would like the following details:

  • The amount of money owned
  • The date by which it was supposed to have been paid OR
  • If payment is tied to a trigger point in development rather than a date, then the date an invoice was raised
  • The reference number for the associated planning case

Response

Details provided in Annex 1 table below.

Since this FOI response was issued, Liverpool City Council has collected £1.19m of the Section 106 sums owed to it with a further £0.18m to be paid via an agreed instalment plan.

However, 80% of the remaining £4.14m of outstanding Section 106 monies relate to companies in administration. Councils cannot pursue recovery during administration, but as Section 106 obligations are site-specific, the Council will pursue outstanding debts with any new owner who takes on the development.

The remaining 20% owed to the Council is being actively pursued through our debt recovery process including, if necessary, legal action. Since September 2021, £1.23m has been recovered this way.

Liverpool City Council is keen to invest its Section 106 monies in schemes that enhance and improve amenities and the quality of the environment in our neighbourhoods. In this financial year, £3.5m has been allocated to more than 100 schemes across the city, including preserving one of the nation’s favourite trees, the Allerton Oak, to creating the biggest learn to ride cycling facility in the north of England, in Everton Park.

Annex 1 v2: FOI 12987897
Category Invoice Ref Planning Ref Development Outstanding Payment trigger Date of invoice
New invoice 90248081 14F/2445 289 Vauxhall Rd 96,918.34 Prior to commencement 05/08/2022
New invoice 90248401 18F/3177 Finch Lane 9,912.33 Prior to occupation 23/08/2022
New Invoice 90246557 18F/1845 Boaler Street 52,332.52 Prior to commencement 05/07/2022
New Invoice 90248293 18F/2390 Denford Road 10,574.20 Prior to occupation 16/08/2022
New Invoice 90244742 18F/0252 32 Parliament St 8,957.61 Prior to occupation 10/05/2022
New Invoice 90244969 14F/2442 Melling Road 15,122.71 Prior to occupation 17/05/2022
New Invoice 90248150 19F/2878 Cotswold Street 15,684.70 Prior to commencement 09/08/2022
New Invoice 90245347 19F/2441 Park Lane 198,446.25 Prior to commencement 31/05/2022
New Invoice 90248338 19F/0294 Norton Street 173,500 Prior to completion of new S106 agreement 16/08/2022
New Invoice 90248341 12F/2273 71 Shaw Street 12,449.15 Prior to commencement 16/08/2022
New Invoice 90249093 20F/1993 Westminster Rd 25,046.84 Prior to occupation 09/09/2022
New Invoice 90249394 20F/0681 Spitfire Rd 6878.85 Prior to commencement 09/09/2022
      Sub total 625,823.50    
Administration 90195643 10F/0402 Belem Tower 21,205.74 Prior to occupation 14/07/2018
Administration 90195644 17F/0340 Lanyork Road 280,500 Prior to commencement 14/07/2018
Administration 90195879 16F/1739 60 Vauxhall Rd 930,332.8 Prior to commencement 19/07/2018
Administration 90204010 17F/1037 33 Devon Street 310960 Prior to commencement 24/01/2019
Administration 90204010 90206564 90206565 15F/1640 Fox Street 74310 4898.02 482123.69 Prior to commencement 15/03/2019
Administration 90217285 13F/1306 Earle Road 27,922.98 Prior to commencement 02/11/2019
Administration 90219333 18F/0347 Gildart Street 313,784.13 Prior to commencement 05/12/2019
Administration 90221880 17F/2208 60 Old Hall Street 96,794.35 Prior to occupation 30/01/2020
Administration 90241952 13F/2947 London Road 471746.94 Prior to occupation 15/02/2022
Administration 90244991 17F/2299 Bankfield College 50,986.41 Prior to occupation 17/05/2022
Administration 90238720 18F/2167 15 Norfolk Street 116,778.51 Prior to occupation 09/11/2021
      Sub total 3,182,343.57    
Recovery 90236549 18F/2751 Renshaw Hall 2,847.67 Prior to commencement 31/08/2022
Recovery 90237685 20F/0108 Garston Old Rd 21032.16 Prior to occupation 12/10/2021
Recovery 90244799 16F/3078 Tannery 123,069.83 Prior to commencement 10/05/2022
      Sub total 146,949.66    
Payment Plan 90239554 18F/1201 135 Green Lane 12,910.29 Prior to occupation 07/12/2021
Payment Plan 90221799 18F/0839 Carisbrooke Road 10,080 Prior to occupation 29/01/2020
Payment Plan 90237708 19F/2522 Speke Road 75,187.19 Prior to commencement 12/10/2021
Payment Plan 90244776 16F/0801 Low Hill 406,612.5 Prior to commencement 10/05/2022
Payment Plan 90234738 16F/2915 Sefton St 66,000 Prior to commencement 22/06/2021
Payment Plan 90210926 11F/0947 Scotland Rd 4562.43 Prior to commencement 25/09/2019
Payment 90244764 17F/2381 Salisbury Street 71,796.61 18 months following date of commencement 10/05/2022
      Sub total 647,149.02    
Dispute 90215647 12F/1311 116 Grove Street 36,206.33 Prior to commencement 03/11/2022
Dispute 90221865 12F/2243 89 London Road 133,114 Prior to commencement 03/11/2022
Dispute 90234664 16F/0824 Trinity Church Derby Rd 9316.89 Prior to occupation 22/06/2021
Dispute 90235734 16F/2343 Grenville Street 19145.48 Prior to occupation 03/08/2021
Dispute 90211043 10O/2590   133 Green Lane 16970.23 Prior to commencement 27/06/2019
Dispute 90212263 14F/0163 Seymour Street 122861.74 Prior to occupation 03/11/2022
      Sub total 337,614.67    
Planning 90225254 18F/2835 James Street 113,800 Prior to commencement 19/05/2020
Planning 90237705 17F/3307 Clegg Street 152,642.26 Prior to occupation 12/10/2021
      Sub total 266,442.26    
To be cancelled 90225266 19F/0808 Cavern Walks 24,000 New invoice to be raised to new landowner 19/05/2020
To be cancelled 90204008 16F/0235 Norton St 100,000 New invoice to be raised to new landowner 24/01/2019
To be cancelled 90244943 19F/1889 Graylaw Industrial Estate 17,888.23 Duplicate invoices. Monies paid previously 17/05/2022

Definition of categories

  • New invoice: Raised within past 4 months.
  • Administration: Customer in administration/liquidation. Section 106 debts run with the land and will be payable by any new owner should the site be sold.
  • Recovery: Debt over 4 months old. Debt being pursued in line with council's debt recovery processes.
  • Payment Plan: Payment plan agreed to clear debt.
  • Dispute: Customer disputes debt. Council considering its position and will take action as necessary.
  • Planning: New Section 106 agreement required. Section 106 monies typically to become payable on completion of section 106 agreement attached to new permission.
  • To be cancelled: Invoice no longer required. This can be as a result of a change in ownership or an invoice was raised too early and not yet required.

This concludes our response

The City Council will consider appeals, referrals or complaints in respect of your Freedom of Information Act 2000 and you must submit these in writing to Informationrequests@liverpool.gov.uk within 28 days of receiving your response.

The matter will be dealt with by an officer who was not previously involved with the response and we will look to provide a response within 40 days.

If you remain dissatisfied you may also apply to the Information Commissioner for a decision about whether the request for information has been dealt with in accordance with the Freedom of Information Act 2000.

The Information Commissioner’s website is ico.org.uk and the postal address and telephone numbers are: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK95AF. Fax number 01625 524 510, DX 20819, Telephone 01625 545745. Email mail@ico.gsi.gov.uk - they advise that their email is not secure.

I trust this information satisfies your enquiry.

Yours sincerely,

Information Team