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)

The CIL allows local authorities in England and Wales to raise funds from certain types of new development for strategic infrastructure to support growth. We submitted the CIL draft charging schedule to  examination on 16 January 2019. Please see our CIL Examination page for more details. All documents relating to the CIL examination are available in the examination library

Timetable for approval of our CIL Charging Schedule

  • 16 January 2019: submission of documents and information to the examiner
  • 2 April 2019: public hearings at Brighton Town Hall, Bartholomew Rd, Brighton BN1 1JW
  • 17 July to 11 September 2019: consultation on proposed main modifications arising from further work requested by the examiner and additional minor modifications.
  • February 2020: publication of examiner's report
  • July 2020: charging schedule and proposed commencement date to council for approval
  • 5 October 2020: commence implementation of CIL (subject to approval by Brighton & Hove City Council in July).

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. Further work took place following the Examination, resulting in some additional main modifications. These were subject to additional consultation between July and September 2019, with representations considered by the Examiner. Additional minor modifications were also subject to consultation at the same time, with representations considered by the council.