Adur Developer Contributions

S106 agreements are obligations secured pursuant to Section 106 of the Town and Country Planning Act 1990. They are entered into as legal agreements between local planning authorities, landowners, developers and potentially other affected third parties. They can impose financial and non-financial obligations on a person or persons with an interest in the land and become binding on that parcel of land. Planning obligations are used to make acceptable development which would otherwise be unacceptable in planning.

The Community Infrastructure Levy is a planning charge, introduced by the Government through the Planning Act 2008 to provide a fair and transparent means for ensuring that development contributes to the cost of the infrastructure it will rely upon. CIL funds must be spent on the 'provision, improvement, replacement, operation or maintenance of infrastructure needed to support the development of the area'.

See also:

Adur Community Infrastructure Levy (CIL)

Viability work into the Community Infrastructure Levy (CIL) was undertaken as part of an integrated Whole Plan Viability Assessment to support the (then emerging) Adur Local Plan and published on the Council's website in January 2017 as part of the Local Plan evidence base. It can be found here:

Adur Viability Assessment

Following this a report was taken to Adur Planning Committee on 24th July 2017 (and subsequently to the Executive Member for Regeneration). It was resolved not to pursue the implementation of CIL at that time, but that section 106s would continue to be used to secure infrastructure.

However this will be kept under review.

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Adur Infrastructure Planning/IDP

Infrastructure can take many forms. It can be defined in physical, green and community terms. It is essential to support the Council's objectives of increased housing provision, economic growth and mitigating climate change, as well as creating thriving and sustainable communities. Planning and delivery are the means by which these infrastructure needs are identified and planned for, and how it then comes about.

Worthing Borough Council has signed a Statement of Common Ground (April 2020). This sets out the process and arrangements for cooperation between West Sussex County Council in relation to the following statutory and non-statutory functions and services:

Minerals Planning
Waste Planning
Waste Disposal
Education
Transport
Flood Risk Management
Library Services
Public Health Services
Adult Services
Fire and Rescue Service

Adur Planning Obligations (S106) and Standards

Adur Planning Contributions

Planning policy requires that development should make appropriate provision of services, facilities and infrastructure to meet its own needs. This means that where sufficient capacity does not already exist to meet the need created by new occupiers or users, the development should contribute what is necessary, either on site or through a financial contribution.

West Sussex County Council Planning Obligations

Certain infrastructure provisions are secured through S106 agreements which relate to West Sussex County Council (WSCC). For example, where there is a new development there may be a need to improve education and social care facilities. More information can be found on their website:

Section 106: Planning obligations - on the WSCC website

S106 monitoring fee document

Adur District Council has introduced a s106 monitoring fee to be charged per trigger in all section 106 agreements which are signed after 1st February 2021. More information can be found in the s106 monitoring fee document.

Adur & Worthing Councils s106 Monitoring Fee (313KB)

Planning Contributions for Infrastructure Provision (2013)

An Interim Planning Guidance Note 'Planning Contributions for Infrastructure Provision' was approved by the Council in July 2013 to provide guidance to landowners and developers as to the contributions required towards new infrastructure provision to serve new development.

Until the new Adur Local Plan is adopted in 2015, the Guidance Note will make clear what infrastructure is required to be provided through the saved polices in the 1996 Local Plan and through Government guidance and policies. It expands upon these policies by setting out in detail how developers will be expected to contribute towards the provision of infrastructure (including affordable housing) in association with the development - either on-site or through a contribution to off-site provision. It also makes clear the infrastructure requirements of West Sussex County Council for new development impacting on the services the County is responsible for (including schools, libraries, fire and rescue facilities and transport) although it is advised that direct contact is made with the County Council regarding detailed requirements.

Please note: that the affordable housing threshold referred to in this document has been superseded - please see Adur Interim Affordable Housing Position Statement (above).