Decision details
Community Infrastructure Levy Approval & Planning Obligations SPD
Decision Maker: Cabinet
Decision status: Approved
Is Key decision?: Yes
Is subject to call in?: Yes
Purpose:
Proposals for the approval of the B&NES CIL and the adoption of the Planning Obligations Supplementary Planning Document
Decision:
(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.
Reasons for the decision:
CIL will contribute to the funding of the infrastructure needed to support the District’s long term growth aspirations as set out in the Core Strategy. The Council has sought to set CIL rates which have struck an appropriate balance between revenue maximisation on one hand and the potentially adverse impact upon the viability of development on the other.
Alternative options considered:
The adoption of a CIL Charging Schedule is discretionary for the Council, however, the scaling back of the use of pooled Section 106 obligations is not discretionary. As such, should the Council elect not to adopt a CIL Charging Schedule, it is likely to have significant implications with regard to funding infrastructure in the District.
Report author: Lisa Bartlett
Publication date: 12/02/2015
Date of decision: 11/02/2015
Decided at meeting: 11/02/2015 - Cabinet
Effective from: 20/02/2015
Accompanying Documents:
- Resolution E2735 Community Infrastructure Levy PDF 124 KB
- E2735 Community Infrastructure Levy PDF 118 KB
- Attachment 1 Charging Schedule PDF 920 KB
- Attachment 2 Reg 123 PDF 61 KB
- Attachment 3 Draft Planning Obligations SPD PDF 711 KB
- Attachment 4 Planning Obligations SPD Consultation Statement PDF 468 KB
- Update Report Community Infrastructure Levy Report PDF 197 KB
- Updated Attachment 1 Charging Schedule PDF 1 MB
- Updated Attachment 2 Reg 123 Document PDF 209 KB