The following items will normally be included in a section 106 if they cannot be provided under the CIL regime. All schemes falling within a strategic development site allocated in the Local Plan will be required to enter into a section 106 agreement and provide the infrastructure as detailed on their allocation policy.
For all developments of 11 residential units or more we will require a minimum 30% of the total number of units proposed on site to be provided as affordable housing. For more details about this policy see affordable housing.
From 1 April 2026, the way in which the council will implement the affordable housing requirements will be changing.
At Planning Policy Committee on 2 February 2026, a slightly updated guidance note was adopted setting out how policy AH SP2 would be implemented for major applications from 1 April 2026. This relates to a slight amendment to the mix and tenure of the affordable housing provision, but it also introduces the use of a commuted sum calculator that the council will be using. This calculator will have two functions.
Firstly, where the council accepts that there are exceptional circumstances and that a commuted sum in lieu of on-site provision is acceptable, it will be used to calculate the level of commuted sum.
Secondly, the council will be using the calculator to secure financial contributions for the affordable housing where that requirement is less than 1 unit. For example, where the policy compliant 30% requirement would be 12.4 units, the council will require the delivery of 12 units on site and a financial contribution for the 0.4. The financial contribution will be calculated using the calculator by inputting the values, mix of units etc.
The guidance notes setting out what the calculator is and how it will be used are attached here: Arun CSC Guidance Notes 2025 Summary [pdf] 357KB
Applications submitted from 1 April 2026 onwards will be determined using the updated guidance.
Pagham harbour is designated as a Special Protection Area and Ramsar site, meaning that it is recognised at an international level for playing an important role linked to the movement of species, specifically waders and wildfowl.
Any proposals for new residential development and development which is likely to have an impact on Pagham Harbour within the Pagham harbour buffer zone (0 to 5km) [pdf] 6MB will be required to pay a contribution of £974 per new unit to contribute towards strategic access management measures in accordance with the Local Plan policy ENV DM2 [pdf] 36KB and the Cabinet report dated 13 March 2017 [pdf] 42KB. Please also see the Planning Policy Committee Agenda - Tuesday 28 November 2023 and Committee Report 28 November 2023
Please note that other residential uses which may impact on the area including HMO's, Student Accommodation, Care homes, Holiday Homes, Caravan, Camping and Hotels will be required to pay a contribution. Please see our Other Pagham Harbour contribution rules page for more information.
This current contribution amount of £974 applies only until 31 March 2027 and will be increased to account for indexation around 1 April each year.
Residential developments of 9 or more dwellings will be required to provide some of this infrastructure in accordance with the Open space, playing pitches, indoor and built sports facilities supplementary planning document (SPD) January 2020[pdf] 1007KB.
The open space calculator [xlsx] 18KB applies thresholds for helping determine on and off-site contributions and further information can be found in the sport and open space toolkit February 2020[pdf] 226KB.
Where developments will materially increase foul and/or surface water discharge and this increase is beyond the existing capacity for foul and/or surface water drainage, the provision of additional capacity for foul and/or surface water drainage may be required as part of the development.
Provision for sustainable drainage systems (SuDS) as alternatives to conventional drainage where appropriate may be required. For further information see our supplementary requirements for surface water drainage proposals.
Proposals for long-term management of any facility must be included in any scheme put forward.
Further details on our policies and guidance on the provision of foul and surface water drainage within new developments can be found within our Local Plan 2011-2031.
Provision of these areas of infrastructure are under the authority of West Sussex County Council (WSCC). Further details on our policies in relation to the above can be found within our Local Plan 2011-31 and for more information and contribution calculators please go to the WSCC webpage on planning obligations.
Please find below a position statement agreed by us and West Sussex County Council regarding developer contributions towards secondary education in the district together with supplementary transport obligations and relevant legal agreement template.
ADC WSCC secondary education contributions - final [docx] 71KB
To ensure the effective delivery and long-term management of Biodiversity Net Gain (BNG), we require a Section 106 Agreement or a unilateral undertaking to secure the BNG for at least 30 years, together with a monitoring fee for all significant on-site and all off-site BNG provisions. For more info about BNG see Biodiversity Net Gain information and guidance.
Where a travel plan is required to be secured under S106 of the Town and Country Planning Act 1990 and there are no other S106 obligations, a template unilateral undertaking is available for use: Travel Plan unilateral undertaking template [docx] 42KB. Please note that this template unilateral undertaking will only be relevant where the obligation is for a travel plan to be secured. If your application involves other obligations in addition to the travel plan, this template unilateral undertaking will not be appropriate.
Where the template unilateral undertaking is being submitted, a non refundable legal fee of £600 is payable upfront. This fee is based on the land being registered. If the land is unregistered or there are other complexities with the title, legal services reserve the right to charge for any additional work based on their hourly rate. The £600 legal fee must be paid before submission of the completed deed.
Where a section 106 agreement has to be drawn because more than one obligation applies, we charge a legal fee to cover the costs of preparing, checking and producing this deed. VAT is not payable. The legal fee is payable whether the agreement completes or not. You will need to pay the legal fee before completion of the deed. The legal Fee charged will be based on the following table of charges:
| Chargeable work | Time | Cost |
|---|---|---|
| Basic S106 Agreement | 13 hours | £2,600 |
| Complex S106 Agreement | 18 hours | £3,600 |
| Affordable Housing S106 Agreement | 20 hours | £4,000 |
| Very Large Site S106 Agreement | bespoke | £hourly rate @ £200 ph |
| Deed of Variation | 8 hours | £1,600 |
| Nominations Agreement Per Site | 15 hours | £3,000 |
| Any other type of Legal Work not listed above and related to Planning | bespoke | £hourly rate @ £200 ph |
Payments can be made in the following way:
Please ensure you select the 'planning fee' option and include the full planning application reference where requested.
You will need our bank details:
Payee or name of account: Arun District Council
Sort code: 30 80 12
Account number: 146 1 5968
Reference: full planning application reference
Please allow five working days for your payment to reach us.
The monitoring fee schedule has been calculated on a cost recovery basis using past evidence on the average time taken between a completed section 106 agreement and payment or compliance with an obligation. It only covers the section 106 monitoring officer's time in collecting, invoicing, checking for compliance and enforcing obligations as well as annual monitoring reporting under our Infrastructure Funding Statement (It does not cover the cost of monitoring the BNG obligations).
Monitoring fees are usually payable at the same time as the first contribution is also payable (usually on commencement). You must complete a payment notice [docx] 16KB just before any payments are due and we can send you an invoice.
Your monitoring fee will be based upon the type and size of the major development as follows but additional bespoke fees may be added on particularly complex sites which have multiple phases and triggers for monitoring:
Non-Strategic Allocation major site - (10 or more dwellings or 1000sqm or more of non-residential)
Strategic Allocation major site 'medium size' (10-500 dwellings or 1001-100,00sqm/0.51-10ha of non-residential)
Strategic Allocation major site 'large size' (501 or more dwellings or 100,001sqm/10ha or more of non-residential)
West Sussex County Council will add their own monitoring fee to cover their monitoring time on obligations under their authority.
A monitoring fee will be required for specifically monitoring biodiversity net gain (BNG). It is based on the site area of the application together with a rating of complexity which is based on the number of units of habitat to be created and the technical difficultly of establishing them (it will be determined by our Ecologist as part of the consultation procedure):
| Medium Sites 0.51 - 5ha | Fee |
|---|---|
| Low Complexity | £11,805 |
| Medium Complexity | £17,494 |
| High Complexity | £22,102 |
| Large Sites 5.1-20ha | Fee |
|---|---|
| Low Complexity | £25,458 |
| Medium Complexity | £30,165 |
| High Complexity | £42,695 |
The fees have been calculated using a standard calculator produced by our BNG software company Verna Earth Solutions Ltd. The calculator can be used nationally by Local Authorities help them cover the costs of checking delivery of BNG and the long-term management over the 30-year period, the costs of registering off-site BNG provisions on the National Biodiversity Gain Sites Register, annual reporting to DEFRA and enforcing any non-compliance.