Agenda item

This report seeks Cabinet and then Council approval of the B&NES Community Infrastructure Levy and the associated Regulation 123 Infrastructure List. It also seeks Cabinet adoption of the revised Planning Obligations Supplementary Planning Document.

The Examiner’s final report was received on 30/1/2015 and he has recommended approval of the CIL, with modifications. An update report will therefore be tabled at the Cabinet meeting since the Council can only adopt the CIL if it accepts the Examiner’s modifications.

[The Chair referred to the update documents which had been published as a supplementary agenda despatch and on the Council’s public website, and copies of which had been placed in the public gallery before the meeting.]

Wera Hobhouse in an ad hoc statement welcomed the fact that 15-25% of the proceeds from the levy would be returned to the local community.  She emphasised the need to ensure that these funds would be used in their entirety to improving infrastructure.

Councillor Tim Ball, in introducing the item, acknowledged the excellent work done, against tight deadlines, by Kaoru Jacques, Simon deBeer and the team.  He outlined briefly the 3 changes to the charging schedule requested by the Inspector and shown in the update report.  He said that Cabinet fully accepted the Inspector’s recommendations and that as a result he would be moving an amended recommendation.  In addition, the papers presented to Full Council would include the Inspector’s amendments.

He moved the amended proposals.

Councillor Ben Stevens seconded the proposal, saying he was delighted to see that the proposals were for a 0% levy on office space.

On a motion from Councillor Tim Ball, seconded by Councillor Ben Stevens, it was

RESOLVED (unanimously)

(1) To RECOMMEND to Full Council that:

  (a) the B&NES Community Infrastructure Levy (Attachment 1 from the update report) along with modifications made by the Examiner, is approved with a commencement date of 6th April 2015;

  (b) the CIL charging schedule is kept under review and any proposed adjustments to the charging schedules are reported to Cabinet before 6th April 2017 for recommendation if appropriate to Council; and

  (c) responsibility is delegated to the Divisional Director for Development, in consultation with the Cabinet Member for Homes and Planning, to make any minor amendments and to correct any errors to the documentation.

(2) To ADOPT the revised Planning Obligations Supplementary Planning Document (Attachment 3), to become effective alongside CIL on 6th April 2015;

(3) To ADOPT the Regulation 123 Statement (Attachment 2 from the update report);

(4) To DELEGATE authority to the Divisional Director for Development, in consultation with the Cabinet Member for Homes and Planning, to:

  (i) give notice that ‘Discretional Exceptional Circumstances Relief’, ‘Payment in Kind’ and ‘Infrastructure Payments' will be made available in the District

  (ii) implement a payment instalment policy as set out in the report

  (iii) finalise the commuted sum formula for off-site affordable housing contributions

  (iv) make any minor amendments and to correct any errors to the documentation.

(5) To DELEGATE authority to the Divisional Director for Development, in conjunction with Cabinet Member for Homes and Planning, to amend the Regulation 123 List in the event that any current planning applications fail to be concluded until after 6th April in order to ensure the timely provision of the necessary infrastructure and that there is no overlap between CIL charges and Section 106 contributions.