Complying with obligations

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.

It is the duty of the landowner to comply with their obligations as laid out in the planning agreement. The strategic team at Arun and the information management team at West Sussex County Council monitor planning obligations under their relevant area of authority for compliance, but it is always the owner's responsibility to initiate payment or send information to comply with their obligations at the required time. Failure to meet obligations on time may result in additional costs and/or enforcement action.

It is very important to ensure all pre-commencement obligations, planning conditions or CIL actions are complied with prior to commencing on site. This can also include certain actions prior to carrying out any work on site, including site clearance and demolition. You are strongly advised to contact the strategic monitoring team or the CIL Officer before you start any work on site such as demolition, enabling and investigative works.  

Within the section 106 agreement there are normally clauses that state that the owner must complete certain notifications:

• commencement notice [docx] 14KB - send prior to commencement of the development (or phase of development)
• payment notice [docx] 16KB - send when an obligation payment is due or made (upon receipt of this notice an invoice can be raised)
• change in ownership form[docx] 15KB - send if there is a change of ownership of the site to that on the original s106, you must notify us as soon as this occurs

It is a contractual requirement that these notifications are completed and sent to all the relevant authorities on the s106 at the appropriate time.  You may be required to send in similar notifications as part of other regulations such as CIL and Building Regulations, but it is important that you send in the relevant separate notification under each regime. 

Contacts for payment, notifications or other information that is required to be sent to either authority: