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 certain types of new development for strategic infrastructure to support growth. Brighton & Hove City Council has published a CIL Draft Charging Schedule which was consulted on between March and June 2018.
The Draft Charging Schedule will be submitted for examination alongside any Proposed Modifications which may be made to this Draft Charging Schedule. When the Draft Charging Schedule is submitted there will be an opportunity to make a representation upon any Proposed Modification as part of a consultation exercise to be carried out before the examination in public is held.
The Published Draft Charging Schedule consultation
The Tourism, Development and Culture committee agreed in March 2018 to publish and 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. The consultation included other relevant evidence to support the Draft Charging Schedule. A Statement of the Representations Procedure (PDF 40KB) set out the formal consultation procedures.
Any representations that were made in relation to the consulation can be withdrawn at any time by notifying us at PlanningPolicy@brighton-hove.gov.uk
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) has been 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 Draft Charging Schedule. 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 Draft Charging Schedule 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 Draft Charging Schedule 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.
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.