Section 106 Projects
Section 106 Funding and Community Infrastructure Levy
The principle that development should be subject to a charge or levy has been an aspect of English planning since the inception of the ‘1947 planning system’ of the post war era. Important legislative moments in this regard include the Town and Country Planning Act’s Development Charge (1947), the Land Commission Act (1967), the Community Land Act (1975), the Development Land Tax Act (1976), the Town and Country Planning Act (1990) and the Planning Act (2008). Each of these Acts has had a bearing on the process by which the contributions the development industry makes are exacted and invested. It is important to remember that the National Planning Policy Framework (NPPF) provides the policy context on which developer contributions can be sought. Currently, there are two mechanisms by which developer contributions are secured. These are:
The Local Planning Authority (LPA) negotiate obligatory contributions with developers on a case-by-case basis to mitigate the impacts of the development. These are secured by ‘section 106 agreements’ (S106).
Community Infrastructure Levy
The Planning Act 2008 and subsequent CIL regulations provide the legislative basis for the Community Infrastructure Levy (CIL). This is a locally determined fixed charge each square metre of new development. CIL is optional and Horsham District Council have chosen to adopt CIL.
In Horsham District, developer contributions are currently secured via both S106 and CIL.
There is currently a range of S106 monies available to the area and Parish of Southwater, which Southwater Parish Council monitors and where possible will put forward projects or lobby the appropriate organisation, for example, lobbing West Sussex County Council to spend a S106 balance relating to improvements to highways in Southwater. These monies can only be spent on specific infrastructure or facilities as set out in the respective S106 and in most cases have to be applied for via Horsham District Council.
Examples of what the monies have historically been available for or can be spent on include:
Commuted Sums for the maintenance of play areas and/or open spaces transferred to the Parish Council.
Provision or improvement of open space and recreation facilities including Skate park in Bens Field, Stakers Lane.
Provision or improvement of the changing facilities, replacement of windows and refurbishments and alterations to the upper floors at The Ghyll.
Provision of outdoor sports in particular to be used for the acquisition of land for or enhancements to outdoor sports pitches.
Provision, retention, or improvement of community/leisure facilities.
Provision or improvement of community/leisure facilities.
Provision of indoor and outdoor sports facilities and enhancements to the main hall at The Ghyll.
Each separate Section 106 agreement relating to a development will specify exactly how much funding is available and held by the developer or HDC to which Southwater Parish Council has to apply for with the appropriate project that meets the criteria.
For information on Section 106 Agreements and Funds relating to Planning Applications please visit Horsham District's Planning Portal.
More information can be found here: Horsham Planning Documents