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

 

This page covers:

Community Infrastructure Levy

Section 106

 

Community Infrastructure Levy - 2019 update

31 July 2019 CIL update

On 31 July 2019, Arun District Council submitted the CIL Draft Charging Schedule and information to the appointed independent examiner in accordance with Regulation 19 of the CIL Regulations 2010 (as amended).

Please find the following sections on this webpage:

 

Notice of Submission

ADC-CIL-AD-2 Statement of Submission.pdf [pdf] 290KB

 

Statement of Modifications (right to be heard requests to be received 31 July – 28 August 2019)

The Statement of Modifications is a document prepared to show the proposed modifications to the Draft Charging Schedule made since it was published for consultation between 21 March 2019 and 2 May 2019.

Any person may request to be heard by the examiner in relation to any of those modifications set out in the Statement of Modifications only.  A request to be heard by the examiner must:

  1. Be submitted in writing to Arun District Council between the following dates: 31 July 2019 and 28 August 2019 and
  2. Include details of the modifications by reference to the Statement of Modifications on which you wish to be heard.

Supporting Documents:

Please submit the Request form via email to: localplan@arun.gov.uk or via post to:

Arun District Council Civic Centre, Maltravers Road, Littlehampton BN17 5LF

Hard copies of the SoM will be available alongside all CIL Submission Documents from 31 July 2019 at the following locations:

Arun District Council Offices, Arun Civic Centre, Maltravers Road, Littlehampton, West Sussex, BN17 5LF between 8.45am and 5.15pm Monday to Thursday and 8.45am and 4.45pm on Friday.
Bognor Regis Town Hall, Clarence Road, Bognor Regis, West Sussex, PO21 1LD between Monday, Tuesday and Thursday: 8:45am - 5:15pm; Wednesday: 9:30am - 5:15pm and Friday: 8:45am - 4:45pm
All local libraries within the Arun District Council Local Planning Authority Area at the following days and times:
Angmering Monday to Wednesday 1pm – 5pm and Thursday to Saturday 9am – 1pm
Arundel Monday to Wednesday 1pm – 5pm and Thursday to Saturday 9am – 1pm
Bognor Regis Monday 9.30am – 7pm, Tuesday to Thursday 9.30am – 6pm and Friday to Saturday 9.30am – 5pm
East Preston Monday to Wednesday 1pm – 5pm and Thursday to Saturday 10am – 2pm
Ferring Monday, Tuesday, Thursday and Saturday – 9am – 1pm and Wednesday and Friday 9am – 1pm
Littlehampton Monday 10am – 7pm, Tuesday to Thursday 10am – 6pm, Friday 10am – 5pm and Saturday 10am – 4pm
Rustington Monday to Friday 10am – 5pm, Friday 10am – 5pm and Saturday 10am – 2pm
Willowhale, Aldwick Monday to Friday 10am – 5pm and Saturday 10am – 2pm

 

Examination venue and dates

The Council has now heard from the Inspector and can confirm that the Hearing Session for the CIL Examination will be held at:

Committee Room 1 (The Pink Room) at Arun Civic Centre, Littlehampton, BN17 5LF

The Sessions will begin promptly at 9.30 on 18th October 2019.

The procedural process of the Examination, including what information to submit to the Inspector, to whom this must be sent and when is set out within examination document ED-1 Examiner’s Briefing Note, which can either be viewed using the link or under Examiner’s Documents/Correspondence below.

The order, with timings, of the hearing sessions is set out within examination document ED-3 Hearings Programme, which can either be viewed using the link or under the heading ‘Examiner’s Documents/Correspondence below

 

Programme Officer

The Programme Officer is Chris Banks of Banks Solutions.  He is an independent Programme Officer who will work under the direction of the Examiner. 

Banks Solutions will be responsible for the day to day organisation of the examination and will act as a channel of communication between the examiner and all parties, including the council officers and representors.

Any queries about the CIL examination should be directed to the Programme Officer.

Contact Details

The Programme Officer can be contacted at:
Email: bankssolutions@gmail.com
Tel: 01903 783722
Mobile: 07817322750
Post:
Arun CIL Examination
C/O Banks Solutions
64 Lavinia Way
East Preston
West Sussex
BN16 1EF

 

CIL Examination Library

Submission Documents:

ADC-CIL-SD-1 Arun CIL DCS Submission document.pdf [pdf] 5MB
ADC-CIL-SD-2 Statement of Representations.pdf [pdf] 553KB
ADC-CIL-SD-3 Combined redacted representations.pdf [pdf] 565KB
ADC-CIL-SD-4 DCS Statement of Modifications July 2019.pdf [pdf] 267KB
ADC-CIL-SD-5 Arun Infrastructure Capacity Study and Delivery Plan 2017.pdf [pdf] 483KB
ADC-CIL-SD-6 Infrastructure Funding Gap Update March 2019.pdf [pdf] 377KB
ADC-CIL-SD-7 CIL DCS Funding Gap Update Amendment April 2019.pdf [pdf] 393KB
ADC-CIL-SD-8 CIL DCS Infrastructure Update Note April 2019.pdf [pdf] 371KB
ADC-CIL-SD-9 Local Plan Viability Assessment Update Report only 2017.pdf [pdf] 5MB
ADC-CIL-SD-10 Local Plan Viability Assessment Update Report Appendices only 2017.pdf [pdf] 3MB
ADC-CIL-SD-11 CIL Viability Update 2018 Report.pdf [pdf] 3MB
ADC-CIL-SD-12 - CIL Viability 2018 Appendices only.pdf [pdf] 6MB
ADC-CIL-SD-13 CIL Background Evidence S106 and Aff Housing.pdf [pdf] 280KB

 

Additional Documents:

ADC-CIL-AD-1 Adopted Arun Local Plan 2018.pdf [pdf] 12MB
ADC-CIL-AD-1a ALP Policies Map 1.pdf [pdf] 5MB
ADC-CIL-AD-1b ALP Policies Map 2.pdf [pdf] 6MB
ADC-CIL-AD-1c ALP Policies Map 3.pdf [pdf] 6MB
ADC-CIL-AD-1d ALP Policies Map 4.pdf [pdf] 15MB
ADC-CIL-AD-2 Statement of Submission.pdf [pdf] 290KB

 

Examiner’s Documents/Correspondence:

ED-1 Examiner's Briefing Note.docx [docx] 33KB
ED-3 Hearing Programme August 2019.docx [docx] 47KB

 

Arun District Council’s Documents/Correspondence:

[Currently blank - any correspondence to the examiner will be published here]

 

Please also find below a Frequently Asked Questions (FAQ) Paper which can be updated as further questions are submitted in relation to CIL:

FAQ CIL 2019.pdf [pdf] 401KB

 

CIL Mapping

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.