Planning Obligations

 

Some applications for the development of land are granted planning permission subject to planning obligations.  Planning obligations are made pursuant to Section 106 of the Town and Country Planning Act 1990 (as amended) and are enforceable against the owner of the land.  Typical planning obligations relate to the provision of affordable housing and parks and recreation, with contributions to the County Council for infrastructure such as highways and education.

The Council may only seek planning obligations which are necessary to make the development acceptable in planning terms; directly related to the development; and fairly and reasonably related in scale and kind to the development.

Further information can be found on the National Planning Policy Framework (NPPF) and in Planning Practice Guidance.

 

Legal Fees

Planning obligations are recorded by a formal legal document, known as a ‘deed’.  The Council charges a legal fee to cover its costs of preparing, checking and producing this deed.  VAT is not payable.  The fee is payable whether the deed completes or not.  You will need to pay £450 up front, and settle the balance before completion. No work will be undertaken until the fee has been received. This fee is for a standard straightforward Section 106 Agreement.  For Section 106 Agreements that involve more work, for example where the applicant seeks to negotiate the terms of the Agreement, an additional fee will be payable.  This additional fee will be charged at the hourly rate of the officer dealing with the matter.  You will be advised accordingly.

Payment can be made by cheque made payable to Arun District Council or by debit /credit card over the telephone. 

 

Key Types of Infrastructure

Affordable Housing

Please see our Affordable Housing page for further details.

Contribution for Access Management at Pagham Harbour

Pagham Harbour is designated as a Special Protection Area and Ramsar site, meaning that it is recognised at an international level in terms of playing an important role linked to the movement of species, specifically waders and wildfowl.

Pagham Harbour policy containted in  section 17.1.16-17.1.22 of the Local Plan2011-2013.pdf [pdf] 36KB of the Arun Local Plan 2011-2031, requires all new residential development within Pagham Harbour zones A and B 0-5km.pdf [pdf] 6MB of Pagham Harbour, contribute towards strategic access management measures.   Cabinet approved the use of a tariff based system on 20 July 2015 and then a reduction in the tariff on 10 April 2017. The cabinet report covering the reasons for the reduction can be viewed here: Pagham Cabinet report.pdf [pdf] 42KB. Further information behind the tariff can be found in the note [pdf] 58KB covering strategic approach to access management at Pagham Harbour.

Any proposed new or additional residential development within Zones A and B (0-5km) will be required to pay a contribution of £871 per unit, in order to make the proposed development acceptable in planning terms. 

Standard Template legal deed.doc [doc] 1MB  is available for you to complete if this is the only planning obligation applicable to your development.  You must provide us with a hard copy ( we cannot accept an electronic copy as it is a legal document) and please complete it following the instructions carefully or it will be returned  to you for correction. Otherwise this will be incorporated into a bespoke Section 106 Agreement as indicated above. If you have a mortgagee they will be required to sign the deed. In the event that they are not willing to sign the deed there is an Alternative Deed Template.doc [doc] 72KB  which can be completed but the Pagham Harbour contribution will need to be paid upon signing of the deed rather than commencement of development. If using the alternative deed template please do not date it as the council will date it once all parties have signed it.

This completed deed and checking fee of £200 should be submitted together with your planning application as the application will be held as invalid until this is provided. 

Provision of Public Open Space Within New Development

Residential development will be required to provide public open space to the minimum standard of 2.4 hectares per 1,000 people and play equipment to meet the needs of the development. Some residential developments generate demand for play equipment as part of open space facilities. The Council considers it important that this is provided to meet needs, and requires that in developments of 15 houses or more play equipment is provided on public open space within the development. However, it is not practical for smaller residential developments to provide play equipment on-site but it is considered that a contribution, in the form of a commuted sum, may be requested from developments of 14 units or less, to support the provision, enhancement or expansion of children’s play or informal recreation equipment in the vicinity.

Full details of the Council’s policies and guidance on the provision of and/or contribution that may be required and public open space and play equipment standards can be found in the Council’s Supplementary Planning Guidance on Open Space and Recreation Standards. To view the Supplementary Planning Guidance please click on the following link Supplementary Planning Guidance.

Provision of Foul and Surface Water Drainage Within New Developments

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 Urban Drainage Systems (SUDS) as alternatives to conventional drainage where appropriate may be required. Proposals for long-term management of any facility must be included in any scheme put forward.

Further details on the Council’s policies and guidance on the provision of foul and surface water drainage within new developments can be found within The Adopted Local Plan 2011-2031 and Arun Local Plan 2003 on  Planning Policy & The Local Plan section of the website

Provision of Public Transport Associated With New Development 

To promote the development of comprehensive public transport services throughout the Arun district, new developments will be required, where appropriate, to make provision for public transport facilities. Where new development can only take place with improvements to public transport services, or such improvements would be likely to influence desirable travel patterns, the Council may seek contributions towards the cost of improvements.

Further details on the Council’s policies and guidance on the provision of public transport associated within new developments can be found within The Adopted Local Plan 2011-2031 and Arun Local Plan 2003 on  Planning Policy & The Local Plan section of the website

Provision of Support of Cycling and Walking With New Development

To encourage and support the development of safe cycle and footpath networks the Council, where appropriate, will require new developments to provide safe and attractive facilities for cyclists and pedestrians, both within the site and in the form of links to the surrounding area.

Further details on the Council’s policies and guidance on the provision of support for cycling and walking within new developments can be found within The Adopted Local Plan 2011-2031 and Arun Local Plan 2003 on  Planning Policy & The Local Plan section of the website

 

Guidance for Planning Obligation Payments

Further information on how to make payments and comply with non-financial obligations can be found here Guidance for S106 Compliance