Section 106 overview

Developers or landowners may be asked to provide contributions for infrastructure in several ways for example:

Planning obligations (Section 106 or s106) are a form of developer contribution made between the local authorities and landowners/developers. The land itself, rather than the person or organisation that develops the land, is bound by a legal agreement, something any future owners will need to consider.

S106 obligations are used to lessen the impact of development by securing contributions or on-site provision for infrastructure such as affordable housing, healthcare, education, sports, community facilities, parks, biodiversity net gain and protection of species at Pagham Harbour. 

West Sussex County Council collect s106 contributions for anything under their authority, such as schools, highways and education.

In some cases, CIL, section 106 and highway agreements will work alongside each other to ensure all the impacts of development are addressed.

Since 1 April 2020 we have been charging Community Infrastructure Levy (CIL) on certain types of development. Where the Community Infrastructure Levy (CIL) does not apply to a development, s106 obligations will still apply just as before CIL was introduced.  All strategic development sites allocated within the Local Plan are required to pay s106 rather than CIL.

Our CIL page has more details on the CIL process.