Release of s106: A Guide to Securing Capital Project Funds

If you have an idea for a project and want to find out if there are any S106 funds available please email planningpolicy@midsussex.gov.uk for further information.  If there are funds available and your project meets the funding criteria below you will be invited to submit an application for the Release of S106. 

Planning obligations are made under Section 106 of the Town & Country Planning Act 1990. They are used to ensure development proposals are acceptable in Planning terms and deliver necessary improvements to supporting infrastructure. Planning obligations can secure the provision of new on-site facilities or financial S106 contributions for specific purposes at identified sites/venues or geographical locations.  

The policy framework explaining how Development Contribution requirements are calculated is available online and details of S106 legal agreements between the Council and developers are published on the Online Public Register. The Council publishes an annual Infrastructure Funding Statement which provides an overview of S106 contributions secured, received, allocated and spent

S106 Funds can be used to support capital projects concerning works to:

• Community Buildings
• Recreation facilities (play areas and sports)
• Local Community Infrastructure (i.e. CCTV, allotments, burial grounds, public toilets, public realm, car parks, EV charging points, litter and dog bins, footway lighting, local signage, routes for pedestrians, cyclists and equestrians, traffic calming, public seating, arts and cultural facilities including museums, theatres and galleries)

The Council collects S106 contributions toward affordable housing, health, police other purposes but these categories are not open to application.

S106 contributions often have restrictions attached and can only be used for specific locations.

Requests for over £50,000 are considered by the Cabinet Grants Panel which generally meets three times a year. The deadlines for submissions are: 10 January, 1 May, 1 September and it usually takes about 8-10 weeks before you receive a funding decision. 

Requests for up to £50,000 are considered by Cabinet Members who have Delegated Authority to award funds.  It will usually take about 4-6 weeks before you will receive a funding decision. 

We can consider applications from

• Not-for-profit groups i.e. unincorporated organisations, Community Amateur Sports Clubs (CASCs), companies limited by guarantee.
• Registered Charities, Charitable Incorporated Organisations (CIOs) and Community Interest Companies (CICs) with a minimum of three unrelated Directors/Trustees.
• Parish or Town Councils and other statutory organisations (e.g. Police Authority, National Health Services, West Sussex County Council)

Applicants must

• have a written governing document, set of rules or a constitution
• have a bank account or building society account and financial records - or financial projections if newly formed
• be open to all and have an equal opportunities statement.
• generally have security of tenure for a minimum of 14 years

Projects must be of direct benefit to the residents of Mid Sussex District.  You will need to demonstrate how your project will improve social infrastructure, increase capacity and enable more people to participate in local activities.  You must also submit a minimum of two competitive quotes for the works to demonstrate good value for money. You must also explain how the project will be managed and delivered and how ongoing costs will be met. 

Where funding is allocated to an organisation offering goods or services in a market, the Release of S106 must be considered against the subsidy control principles in accordance with the Subsidy Control Act 2022.

If your application is successful, the Council could choose to make a conditional award and we will advise you on the agreement you will be required to sign with Council prior to the funds being released.