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:
- Transport improvements and travel initiatives
- Community or recreation facilities
- 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) - Draft Charging Schedule
The CIL allows local authorities in England and Wales to raise funds from new development for strategic infrastructure which supports growth. Brighton & Hove City Council has published a CIL Draft Charging Schedule. This is open for consultation between 28 March 2018 to 13 June 2018. It will be submitted for examination along with any proposed changes due to the consultation. If these changes are significant, they will be open for another consultation before the Examiner considers the Schedule.
The Draft Charging Schedule
The Tourism, Development and Culture committee agreed in March 2018 to consult upon a Draft Charging Schedule (DCS) (PDF 1.4MB) and a draft infrastructure list (Draft Regulation 123 list) (PDF 42KB)- a framework of infrastructure types or projects eligible for CIL funding . This consultation includes other relevant evidence which supports the Draft Charging Schedule. Please see the Statement of the Representations Procedure (PDF 40KB) for formal consultation procedures.
The consultation period is between 28 March 2018 (00.00 am) and 13 June 2018 (midnight). Representations on the DCS, the draft infrastructure list and relevant evidence are welcomed through our consultation portal:
Alternatively please use this response form (PDF 120KB) to submit your representations.
The response form and consultation portal asks you if you want to be heard by the Examiner and if you want to be notified of any of the following:
- That the draft charging schedule has been submitted to the examiner
- The Examiners recommendations and reasons have been published
- The charging schedule has been approved by the council
Emailed representations should be sent to: PlanningPolicy@brighton-hove.gov.uk
The response form can also be printed out. Written representations should be sent to: Policy, Projects and Heritage Team; First Floor, Hove Town Hall, Norton Road BN3 3BQ
You can withdraw your representations about the Draft Charging Schedule at any time by telling us in writing.
The relevant evidence base
To support this work an independent viability study has been carried out by consultants Dixon Searle Partnership. A Viability Report Addendum (Feb 2018) responds to representations made to the preliminary draft of the charging schedule:
- CIL viability report August 2017 (PDF 3.5 MB)
- CIL viability report Addendum 2018 (PDF 0.5MB)
- CIL Viability Study Appendix 1 (PDF 1.1MB)
- CIL Viability Study Appendix IIa (PDF 6MB)
- CIL Viability Study Appendix IIb (PDF 1.2MB)
- CIL Viability Study Appendix III Co-Star Data (PDF 2.6MB)
- CIL Viability Study Appendix III Market Values (PDF 4MB).
- CIL Viability Addendum Appendices Combined (PDF 1.5MB)
A Strategic Site Informative (PDF 35 KB) is provided to support the DCS
Developer Contributions - Relevant Evidence supporting the CIL DCS (PDF 0.7MB) collates supporting evidence for the Draft Charging Schedule.
The local development plan shows what our city requires and this is also used to evidence why we need a CIL charge. The infrastructure delivery plan update (2017) (PDF 0.5MB) is appropriate available evidence to support the DCS. The authority monitoring report compiles annual monitoring of all residential, commercial and industrial permissions each year and has been used to inform the relevant evidence base.
The developer contributions technical guidance 2017 (PDF 270KB) (as above) sets out current requirements for s106 developer contributions. The DCS proposes which of these s106 requirements will be scaled back on introduction of CIL and which will remain secured via s106 obligation. Please note the DCS proposes that on introduction of CIL methodologies used to calculate the remaining s106 obligation areas will continue as set out in this guidance. An update of this guidance will be provided at that stage.
The Preliminary Draft Charging Schedule (PDCS)
In 2017 we prepared a preliminary draft charging schedule (PDF 3.5 MB) in accordance with the CIL Regulations 2010 (as amended). These responses were reviewed and changes were made to the Draft Charging Schedule. The PDCS Consultation Report (PDF 0.5MB) provides the council's responses to the representations made to the consultation.
Paper copies of documents are available to inspect in our Customer Service Centres and all Brighton & Hove libraries during the consultation.
An Equalities Impact and Outcome Assessment (EIA) has been prepared for the Community Infrastructure Levy.
A Strategic Environmental Assessment (SEA) screening opinion (PDF 370KB) for this CIL has concluded that a SEA is not required.
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