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.
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