Email: clerk@southwater-pc.gov.uk Tel: 01403 733202

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: 
 
Planning obligations
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 Southwater which cumulatively amount to circa £1m. These monies can only be spent on specific infrastructure or facilities as set out in the respective S106

Examples of what the monies can be spent on include:
• Provision or improvement of open space and recreation facilities including Skate park in Stakers Lane
• Provision or improvement of the changing facilities, replacement of windows and refurbishments and alterations to the upper floors at Southwater Leisure Centre.
• 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.
• Public artwork.
• Provision or improvement of community/leisure facilities 
• Provision of indoor and outdoor sports facilities and enhancements to the main hall at Southwater Leisure Centre.

Each separate Section 106 agreement relating to a development will specify exaclty how much funding is available and held by the developer or HDC to which Southwater Parish Council has to apply for with the appopriate 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: https://www.horsham.gov.uk/planning/request-copies-of-planning-document

 

Completed S106 Projects

Lardner Hall Kitchen