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In order to reduce the impact of a new development and to make sure it does not place additional pressure on existing infrastructure such as roads, health or council services, the council’s planning officers may seek contributions from the developer. These are secured through a ‘Section 106’ legal agreement or ‘S.106 unilateral undertaking’.
Usually developer contributions (through Section 106 agreements) are for highways; transport improvements and travel initiatives; community or recreation facilities; education; health; or affordable housing.
Planning officers negotiate with the developer so that the proposed development is acceptable in planning terms. Developers are asked to pay for, or contribute towards, the cost of additional infrastructure needed to service the new development.
The level of contribution will be related to the scale of the new development and its impact on the local environment.
However, Section 106 contributions cannot compensate for a proposed development that is considered unacceptable.
Community Infrastructure Levy
The Community Infrastructure Levy (CIL) Regulations came into force in April 2010. The CIL allows local authorities in England and Wales to raise funds from developers undertaking new building projects in their area. The money received through CIL should be used to fund a wide range of infrastructure that is needed as a result of development. This could include, for example, new or safer road schemes, flood defences, schools, hospitals and other health and social care facilities, park improvements, green spaces and leisure centres. Planning obligations (Section 106 agreements) will remain for detailed site impacts and some infrastructure requirements where not covered by CIL.
The City Council is currently assessing the potential for introducing a CIL. The City Council's Economic Development and Culture Committee on the 7th March will consider a report recommending that informal consultation is carried out on setting a CIL for Brighton and Hove. Following this it is likely that a draft Charging Schedule will be produced later in the year.
The City Council is interested in receiving views on setting a CIL for the City.Contact : Mike Holford Strategic Planning and Monitoring Manager 01273 292501 or Mike.Holford@brighton-hove.gov.uk