Section 106 Compliance Guidance
Until further notice due to the Coronavirus we are unable to accept PAPER planning applications, comments on planning applications, compliance complaints or forms relating to the Community Infrastructure Levy (CIL). Planning applications must be made electronically via the planning portal www.planningportal.co.uk Comments on planning applications must be made on the online comment facility https://www.arun.gov.uk/weekly-lists, compliance complaints must be made on the online form https://www.arun.gov.uk/planning-compliance and the submission of CIL forms (with the exception of CIL Form 1 which must be submitted with the planning application itself) must be sent to CIL@arun.gov.uk.
We are working towards setting up a Development Control Committee for 27 May 2020 to determine planning applications in the normal way. The Government are setting out legislation on how this should be achieved. The Government sent a letter to local councils recently, which is attached here: Chief Planners Newsletter - March 2020.pdf [pdf] 135KB . There is currently no change to the Council’s scheme of delegation and applications will still need to be determined at a Committee meeting if necessary. It is highly likely that this meeting (and future meetings) will be held remotely or with a reduced number of members and details will be published when they have been agreed.
Section 106 Compliance Guidance - Complying with financial and non-financial Obligations
It is vital that all parties understand their obligations so that they know what is required of them and when. Once an agreement is signed and completed, it is recorded in our database along with its linked planning application, in order to facilitate our monitoring processes.
It is the duty of the owner to adhere to their obligations, as laid out in the agreement. Although we do monitor agreements, it is the owner’s responsibility to initiate payment or send information to comply with obligations at the required time. Failure to meet obligations at the required time may result in additional costs and/or enforcement action.
Within the S106 agreement there are normally clauses that state that the owner must complete schedules 1 and 2. Schedule 1 is the commencement notice and schedule 2 is the payment notice. It is a legal and contractual requirement that these documents are completed and sent to the relevant Authority (see details below) at the appropriate time.
Any change in ownership of the site must also be notified to us in writing as soon as this occurs:
- SCHEDULE 1 Commencement Notice [docx] 14KB - when an obligation trigger has been reached and
- SCHEDULE 2 Payment Notice [docx] 16KB - when an obligation payment is made/due. (Upon receipt of this notice an invoice will be raised)
- Change in Ownership [docx] 14KB - written confirmation must be provided of the details of any new owner of the site.
Payment due to Arun District Council
Head of Planning Services
Arun District Council
Arun Civic centre
Payment due to WSCC
County Planning Officer
West Sussex County Council
Planning Agreements are registered as a local land charge and will be revealed in any local land charge search. If the revealed agreement does not have a clear comment against it to say ‘Complied with or Discharged or Superseded by subsequent agreement/application’ than it should be assumed to still have outstanding obligations. In these cases please write to the Planning Department to check (there is no charge for this). If land is subject to a planning obligation which has not been (or is not being) complied with, it may become difficult to dispose of the land given that obligations pass to successors in title.
How are financial planning obligations enforced?
If a breach of a financial obligation does occur, the relevant party will be given an opportunity to remedy the breach but if it is still not paid, court recovery proceedings will be taken.
How are non-financial planning obligations enforced?
The council can enforce these in two ways:
- Through the courts by application for an injunction
- By carrying out any operations required in the planning obligation and recovering the cost from the person(s) against whom the obligation is enforceable
Should you have any questions relating to the implementation of your obligations, you should contact the Planning Contributions & Data Analysis Officer.
Deeds of Variation to Planning Obligation(s)
In some circumstances an application can be sought to vary the wording or remove an obligation. Please apply using the forms below. There is no cost to make the application but legal fees starting at £450 will be payable dependant on the complexity of the agreement.
For information about what Obligations that will be required before planning permission can be approved and how to apply see the Planning Obligations page.