Guidance on legal agreements and contributions sought from developers

In planning it is an accepted principle that developers should provide or contribute to infrastructure and community facilities that are needed to support their development.

Up until 2012 the council collected contributions to open space, sustainable transport and education provision from most developments in the city, under provisions set out in a Planning Obligations Supplementary Planning Document.

With the introduction of the Community Infrastructure Levy (CIL), these tariff-style contributions are no longer relevant.

However, it will remain necessary for developers to address site specific needs arising from their development.  Often this will involve entering into a S106 legal agreement with the council.

The council needs to ensure that the provisions of these agreements are complied with, and therefore for any legal agreements entered into there will be a monitoring charge, as set out in the list of charges below.

In addition, the provision of affordable housing sits outside the remit of CIL, and remains a key requirement in residential development schemes. Policy PCS19 of the Portsmouth Plan, and the guide below includes details of the council’s requirements.

For questions regarding particular development schemes, please contact your planning case officer or for general information email or call 023 9268 8633.