Developer contributions

Planning obligations

Our planning officers may seek contributions from a developer. These are secured through a Section 106 legal agreement or S106 unilateral undertaking.

Usually developer contributions (through S106 agreements) are for:

  • Highways
  • Transport improvements and travel initiatives
  • Community or recreation facilities
  • Education
  • Health
  • Affordable housing

The contributions are to reduce the impact of a new development and to make sure it does not place additional pressure on existing infrastructure.

Planning officers negotiate with the developer so 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, S106 contributions cannot compensate for a proposed development that is considered unacceptable.

Download our latest guidance developer contributions technical guidance (PDF 270KB) - last updated March 2017.

Read the committee covering report developer contributions technical guidance covering report 9 March 2017 (PDF 42KB)

Community Infrastructure Levy (CIL) 

CIL Examination and requests to be heard by the examiner

The CIL allows local authorities in England and Wales to raise funds from certain types of new development for strategic infrastructure to support growth. The council is submitting the CIL draft charging schedule to an examination in public on 16 January. Requests to be heard by the examiner on modifications to the draft charging schedule (PDF 1.5MB) may be made in writing between 16th January and 13 February 2019. Please see our CIL Examination page for more details.  All documents relating to the CIL examination are available in the Examination Library

Indicative timetable for approval of our CIL Charging Schedule:

16 January 2019 - Submission of documents and information to the examiner

16 January - 13 February 2019 - Requests to be heard by the examiner on modifications to the draft charging schedule may be submitted

March - April 2019 - Examination of submitted draft charging schedule, proposed modifications, representations made and all relevant evidence

June 2019 - Publication of Examiner's recommendations

September - November 2019 - submit the charging schedule and a proposed date for when the charging schedule will take effect to council for approval

Please note that this timetable may be subject to change due to examination processes. 

Background Information

In 2017 we prepared and consulted upon a preliminary draft charging schedule in accordance with the CIL Regulations 2010 (as amended). These responses were used to inform the preparation of a draft charging schedule which was consulted upon between March and June 2018. Representations made to the draft charging schedule have informed changes set out in our statement of modifications to the draft Charging Schedule.

Any representations that were made in relation to the consulation can be withdrawn at any time by notifying us at: CommunityInfrastructureLevy@brighton-hove.gov.uk

For detailed information on CIL see frequently asked questions (PDF 10KB)