In response to the letter from Simon Doyle (August 19) asking who legally owns section 106 monies paid by a developer as a community contribution.

In my capacity as Opposition Spokesperson on the planning committee, I can inform Mr Doyle of the following: Once a developer and the council sign an agreement it is a legally binding contract.

The terms of the agreement can be enforced by either party against the other.

If a contribution is to be paid to the council by the developer, then once paid the council owns that sum.

The council is however legally obliged to spend the sum as required under the terms specified in the s106 agreement.

This may include details of works to be undertaken and a deadline date for when the sums have to be spent or returned to the developer.

Contributions may be spent on specific infrastructure items or may be used as match funding towards improvements on larger infrastructure projects, providing this meets the terms of the s106 agreement. Commonly, to fully enable works on larger infrastructure projects on council owned sites and land it will be necessary to secure other council or external grant funding.

Councillor Lynda Hyde Member for Rottingdean Coastal Ward Opposition Spokesperson Planning Committee