Planning Obligations and Affordable Housing SPD
2. Approach to Planning Obligations and CIL Comment
The Interaction between Planning Obligations & CIL
2.1Although CIL is expected to make a significant contribution to the infrastructure requirements of the Chichester Local Plan area, other sources of public and private funding will continue to bear the main burden of infrastructure funding. CIL contributes towards the costs of strategic infrastructure projects that support the growth of the overall plan area, whereas planning obligations are directly related to the specific impacts of individual development sites. The CIL payable for a development is non-negotiable.
2.2The provision of affordable housing lies outside of the remit of CIL and will be secured through s106 Agreements. S106 Agreements and planning conditions will also be used for local infrastructure requirements on development sites, for example site specific highway improvements, on-site provision of amenity/open space; connection to utility services (as required by legislation); habitat protection; access footpaths and roads; archaeology and other site specific requirements.
2.3The principle is that all eligible development must pay CIL, as well as contribute to any site specific requirements secured through s106 Agreements. Further details on the levy charge can be found in the Community Infrastructure Levy Charging Schedule and should be read in conjunction with this document. CIL is an appropriate delivery mechanism for infrastructure to support the development and growth of an area, rather than to make individual planning applications acceptable in planning terms.
2.4The table below summarises the various mechanisms outlined above
Mechanism
Details
Use
Planning Conditions
To make otherwise unacceptable development acceptable
Planning applications and other types of applications under the Planning Acts, such as listed building consent and advertisement consent.
Planning Obligations
S106 planning obligations can secure particular on-site/localised requirements or control that cannot be secured by condition to make otherwise unacceptable development acceptable
Affordable housing, and other requirements to address the direct impacts of development.
CIL
CIL provides a consistent mechanism for pooling contributions from new development towards the broader infrastructure needs of the area.
Local Plan Area wide infrastructure – see Infrastructure Business Plan.
Section 278 Agreements
Allows developers to fund improvements and alterations to the public highway.
Highways improvements including roundabouts, signalised junctions, right turn lanes or simple priority junctions that provide access into development sites.
Section 38 Agreements
Allows West Sussex County Council to adopt new roads and infrastructure.
Highways improvements most commonly used for the adoption of new residential estate roads. This can include other infrastructure such as a relief road or cycleway that is constructed on a developer’s land.
