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

 

This page covers:

Community Infrastructure Levy

Section 106

 

Community Infrastructure Levy - 2018 update

As part of the preparation of the Preliminary Draft Charging Schedule, updated viability evidence has been commissioned and was completed this summer. 

The Planning Policy Subcommittee agreed at last night’s meeting to consult on the Arun CIL Preliminary Draft Charging Schedule.  Please note that the consultation started on Monday 10th December 2018 and will end at 5pm on Monday 21st January 2019.

Arun’s CIL Preliminary Draft Charging Schedule consultation started on 10 December.  Please use this link to be taken directly to the consultation portal.  Please see links to the consultation document and supporting evidence base below.

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

Arun CIL Viability Update 12th June 2018 Report.pdf [pdf] 3MB
Arun CIL Viability Update 12th June 2018 Appendices.pdf [pdf] 6MB
CIL Viability Update Report Addendum.pdf [pdf] 49KB
ARUN ICSDP Phase 2 Infrastructure Delivery and Phasing Plan 1.3.pdf [pdf] 512KB
Arun PDCS 2018 Consultation December 2018.pdf [pdf] 5MB

 

Community Infrastructure Levy - archive 2015

Arun District Council is in the process of preparing a Community Infrastructure Levy (CIL). This is a charging schedule that allows funds to be raised from developers to pay for infrastructure that is needed as a result of development. When in place the levy will apply to most new buildings and will largely replace the use of Section 106 developer contributions.

Work has been undertaken to prepare a Viability Assessment and Infrastructure Delivery Plan which have informed the setting of the Preliminary Draft Charging Schedule. These documents are available below. Please note - It was brought to our attention at a late stage in preparing the PDCS that the residential charging zones 1 and 2 identified in the charging schedule do not align with the residential charging zones shown on Map A. To clarify, Residential Zone 1 is Inland / Village and Residential Zone 2 is Urban / Coastal. The GIS layers available on the Council’s website are correct.

Public consultation on the Arun CIL Preliminary Draft Charging Schedule and Draft Reg 123 list ran for a period of 6 weeks (between 9th March 2015 and 20th April 2015). The representations from this consultation are under review.

It should be noted that the preparation of the Draft Charging Schedule has been put on hold whilst further work is undertaken on the Arun Local Plan as part of the Examination in Public suspension period.

Further details regarding the preparation of the Draft Charging Schedule will be provided on this webpage once work has recommenced.

 

Key documents

Please use our online Geographical Information System (GIS) to search for the Preliminary Draft Charging Schedule CIL Charging Zones. Other information is also available, such as Conservation Areas, Tree Preservation Orders and Listed Buildings. Please see the instructions below to find out how to use the mapping system:

  1. Search for your property by full address or postcode, in the box centred above the map window.
  2. Once you have located your property in this box click on the address.
  3. This will centre the map over your selection and show any information relating to this property in the left hand window (this will display no information on the map itself).
  4. To see this information on the map please open up the drop down menu called “map layers” in the left column, and select which layers you would like to be visible by clicking on the eye symbol (For example, to view the Proposed CIL Charging Zones, open the proposed residential and retail zones).
  5. You can also show the legend and a brief description for each layer by clicking the relevant symbols (the middle and right symbols next to the eye) in the left hand window.
  6. You can also change between standard GIS mapping or Aerial imagery, on the right of the map.

 

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.