The Community Infrastructure Levy (CIL) allows local authorities in England and Wales to raise funds from developers undertaking new building projects in their area to fund a wide range of infrastructure that is needed to support new development. It will replace Section 106 planning obligations for many forms of infrastructure, although Section 106 agreements will continue to be used for affordable housing provision and can still be used for site-specific mitigation measures.
Community Infrastructure Levy can be used to fund a wide variety of infrastructure including:
- transport schemes;
- flood defences;
- schools, and community facilities; and,
- parks, green spaces and leisure centres.
As almost all development has some impact on the need for infrastructure, services and amenities, this tariff-based approach is seen as an effective, quicker and fairer framework to fund new infrastructure to support growth.
CIL is applied as a charge on each square metre of floor space in new buildings, with a minimum threshold of 100 square metres or a single dwelling. Some types of development are exempt, for example social housing is eligible for 100% relief.
Rates of CIL will be set out in a document known as a 'charging schedule'. A charging schedule sets out a rate per square metre for all qualifying development. This involves consultation and independent examination.
Relationship between CIL and the Joint Core Strategy (JCS)
The JCS councils commissioned consultants, Peter Brett Associates who have assessed the scope for a CIL charge for each of the three JCS councils (Cheltenham Borough, Gloucester City and Tewkesbury Borough) based on the JCS infrastructure and viability evidence. Legislation requires that each of the JCS councils has its own charging schedule for CIL but the intention is that charging schedules would be aligned to deliver the best contribution toward infrastructure to support new development.
Consultation and Examination
The consultation exercise on the Gloucester, Cheltenham and Tewkesbury CIL Preliminary Draft Charging Schedules (PDCS) took place between 29 May and 10 July 2015.
Following analysis of the comments received during the PDCS consultation, revised Draft Charging Schedules (DCS) were prepared and consulted upon between 13 May and 24 June 2016.
The responses received during the DCS consultation were then provided to the Planning Inspectorate for Examination and the JCS councils are currently making arrangements with the Examiner for Public Hearing Sessions – dates and timetable to be confirmed.
Report under Section 213 (3B) Planning Act 2008
The Gloucester City Council Community Infrastructure Levy (CIL) Draft Charging Schedule was examined by Ms Elizabeth Ord alongside the Draft Charging Schedules of the JCS Partner Authorities of Cheltenham Borough Council and Tewkesbury Borough Council.
The Examiner’s report and recommendations were received by the Councils on 31st July 2018.
The report concludes that the Draft Charging Schedule passes all of the statutory tests and recommends approval subject to certain modifications, set out in Appendix A to her report, related to:
- Adding another category of residential development, namely 450 dwellings and over; charged at £35 per square metre in Cheltenham and Tewkesbury and nil rated in Gloucester;
- Restricting the 11 plus dwelling category to between 11 and 449 dwellings;
- Reducing the out of centre retail rate from £100 per square metre to nil pending the outcome of the JCS review of retail and the gathering of further evidence; and
- Adding West Cheltenham to the Tewkesbury charging schedule.
The Council has amended the charging schedule for Gloucester as required.
The CIL Charging Schedule was formally approved by the Council with the required modifications on 25th October 2018.
No other modifications were required by the Examiner.
Two supporting policies relating to ‘Payment by Instalments’ and ‘Requests for Review and Appeals’ were also adopted alongside the CIL Charging Schedule on 25th October 2018 and the Regulation 123 list was approved for publication.
A commencement date has been set for 1st January 2019.
Electronic copies of the documents and the supporting evidence that has informed the charges can be found on the JCS website.