Community Infrastructure Levy (CIL) & Section 106 (S106) Planning contributions

 

This page covers:

Community Infrastructure Levy

Section 106

 

Community Infrastructure Levy - 2019 update

December 2019 CIL Update

On 3 December 2019, Arun District Council received the CIL Examiner’s Report, which includes his recommendations and reasons for them.  The report is published below.  It will also be available for inspection at all public libraries in the district, outside of the South Downs National Park Authority Area; and at Reception in Bognor Regis Town Hall and the Arun Civic Centre, Littlehampton.

The report sets out that, subject to two modifications, the Examiner has found that the Arun CIL draft Charging Schedule meets the drafting requirements and he has recommended that it is approved.

The receipt and publication of the Examiner’s report also marks the close of the Arun CIL Examination.  Therefore the Programme Officer’s details have now been removed from this webpage, and the CIL Examination Library has been moved to this page: https://www.arun.gov.uk/supporting-documents

What will happen next?

A CIL Update report is due to be taken to Planning Policy Sub Committee on 17 December 2019.  This report will provide more details regarding the CIL process and the anticipated date for CIL to come into effect.  At this stage, subject to the outcomes of the Examiner’s report, it is anticipated that CIL will come into effect within Arun by Spring 2020.

It is advisable that in preparation for the introduction of CIL,  you should make sure you are fully aware of the CIL charging processes which may effect you.  A list of helpful resources can be found below and further information updates regarding CIL implementation will be available on this webpage shortly: 

If you have any specific questions at this time, please do get in touch: cil@arun.gov.uk or 01903 737500 and ask for Planning Policy.

 

Examiner's Report

CIL Examiner Report Final December 2019.pdf [pdf] 532KB

 

Arun CIL Draft Charging Schedule

A Draft version of the Final Arun CIL Charging Schedule, subject to approval is available below.   Appendix 1 of the Arun CIL Charging Schedule – the CIL Zone Map is provided below under the CIL Mapping Section.

Arun CIL Charging Schedule:  FINAL Arun CIL Charging Schedule Jan 2020 (for approval).pdf [pdf] 6MB

 

 

CIL Mapping

The Arun CIL Charging Schedule Charging Zone Map - Appendix 1 of the Arun CIL Charging Schedule, is available to view here:  Arun District Council CIL Zone Map 1 – District Wide.pdf [pdf] 9MB

Alternatively, please use our online Geographical Information System (GIS) to view the council's proposed CIL Charging Zones. The map also includes parish boundary information  Please see the instructions below to find out how to use the mapping system:

  1. You can simply click on the map to identify the zone classification
  2. Or, search for your property by full address or postcode, in the box centred above the map window.
  3. Once you have located your property in this box click on the address.
  4. This will centre the map over your selection and put a pin on the property
  5. To see the information relating to this property use the drop down menu called “What would you like to do?” and select “Local Knowledge”

 

Useful information

CIL FAQ June Update 2015 [pdf] 44KB

CIL Guidance (2014): Planning Practice Guidance

For further information regarding the Arun CIL, please email localplan@arun.gov.uk or phone 01903 737500

 

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:

 

Relevant authority

Payment due to Arun District Council
Head of Planning Services
Arun District Council
Arun Civic centre
Maltravers Road
Littlehampton
West Sussex
BN17 5LF

or

Payment due to WSCC
County Planning Officer
West Sussex County Council
County Hall
Chichester
West Sussex
PO19 1RQ

 

Land charges

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.

Application to Discharge or Amend Planning Obligation.pdf [pdf] 274KB

Draft Agreement.doc [doc] 39KB

For information about what Obligations that will be required before planning permission can be approved and how to apply see the Planning Obligations page.