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.
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 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 per 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 the Committee Report 28 November 2023.
If the application is for 1 to 8 dwellings and this is the only planning obligation applicable to your development you can submit a unilateral undertaking with your planning application using our S106 UU Pagham Harbour - Standard Legal Template April 2026[doc] 1MB. You must provide us with a hard copy. We cannot accept an electronic copy as it is a legal document. Please ensure you follow the completion instructions carefully to avoid us having to return it to you for correction.
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.
Please note that other residential uses which may impact the Pagham Harbour site including Houses in Multiple Occupation (HMOs), student accommodations, care homes, holiday homes, residential caravans, holiday caravans, camping and hotels will also be required to pay a contribution. Please see our Other Pagham Harbour contribution rules page for more information.
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 (April 2026)[doc] 1MB which can be completed. If you do not have title to the property due to a pending application at the Land Registry, the alternative deed template can be used. These circumstances will require the Pagham Harbour contribution to be paid on completion of the deed rather than commencement of the development.
If there are no other obligations required and you are using one of the legal templates there is a legal fee of £600. This fee is based on the land being registered. If it is not or a lot of additional work has to be carried out by the legal team to finalise the deed, we reserve the right to charge for any additional work. The £600 fee should be submitted with the completed deed when you submit your planning application.
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.
If the application is for 9 dwellings it is likely that there will be a public open space contribution and a bespoke s106 agreement will need to be drawn up once we have carried out consultations. In this scenario, you do not need to submit the standard template with your application.
Residential developments of 9 dwellings will be required to provide equipped play space in accordance with the Open space, playing pitches, indoor and built sports facilities supplementary planning document (SPD) January 2020[pdf] 1007KB
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.
In some instances, a unilateral undertaking can be used for minor and occasionally major applications, providing less than 0.5 units of medium distinctiveness habitat or hedgerow or more than 2 units of low distinctiveness habitat or hedgerow. The monitoring is based on reporting in years 1, 3 & 25 will attract the Small Site/Low Complexity BNG Monitoring Fee and UU Legal Fee. The Unilateral Undertaking template can be downloaded and completed by the applicant without the need for a legal agreement.
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 Unilateral Undertaking is appropriate, for example to pay the Access Management at Pagham Harbour contribution or to secure small site/low complexity BNG with a BNG Monitoring Fee, we charge a legal fee of £600 (from 1st November 2025) 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.
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.
Where the contribution is paid upfront before the section 106 agreement is completed there is no monitoring fee, otherwise the fees are as follows:
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):
| Small Sites < 0.5ha (or 9 or less dwellings) | Fee |
|---|---|
| Low Complexity | £1,353 |
| Medium Complexity | £5,496 |
| High Complexity | £9,571 |
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.