Community Infrastructure Levy (CIL)
The submitted Chichester CIL Draft Charging Schedule was subjected to an independent examination hearing on Tuesday 9 June 2015. Mike Hayden BSc, DipTP, MRTPI, from the Planning Inspectorate, was appointed as the independent Examiner for the examination. The council received the CIL Examiner's final report on 23 November 2015.
The council adopted the CIL Charging Schedule on 26 January 2016, to take effect from 1 February 2016. The CIL Charging Schedule and associated documents are published below.
The CIL is a new charge that local authorities in England can place on new development in their area. The money generated through the levy will contribute to the funding of infrastructure to support growth. Chichester's CIL will apply to the parts of the district that are not in the South Downs National Park. (The South Downs National P
ark Authority is preparing its own CIL).
The Government, through legislation, has restricted the ability of local authorities to pool funding for off-site infrastructure and expects them to introduce the CIL. The government believes that this tariff-based approach offers the best way to contribute to funding infrastructure in a fair and transparent manner. The CIL will provide 'up front' certainty about how much money developers will be expected to contribute.
Developer contributions are currently collected through Section 106 planning obligations. Planning regulations state that there should be no 'double charging' for infrastructure through CIL and Section 106. After April 2015 the government intends that the pooling of Section 106 contributions will be restricted to no more than 5 applications (with the exception of affordable housing contributions and S278 agreements entered into with the Highways Agency, where the pooling restrictions do not apply). Planning obligations (despite being scaled back) will continue to play a key role in relation to affordable housing and certain site specific requirements. A Planning Obligations and Affordable Housing Supplementary Planning Document is being prepared to show how S106 planning obligations, planning conditions, and Highways S278 agreements work together as a set of tools to help achieve sustainable development.
|Stage 1||Public Consultation on Preliminary draft Charging Schedule, draft payments by instalments policy & draft Regulation 123 list.||March 2014 - April 2014|
Draft Charging Schedule, draft payments by instalments policy & draft Regulation 123 Consultation
|09:00am 21 November 2014 - 17:00pm 5 January 2015|
Submission to Examiner
|12 March 2015|
|Stage 4||Examination||9 June 2015|
Estimated date of adoption
|1 February 2016|
The Council received a letter on 23 September (see ED-8 below) asking the Council to comment on the BCIS report submitted by Domusea (see REP-04-001 below). The Council has been asked to reply to the Examiner by 5.00pm on Wednesday 30 September 2015. The Council's reply is published below in the box marked Council's Post Hearing Documents (CDC-CIL-PH-ED-8)
The council received a letter from the Examiner on 28 August 2015, asking the council to respond to a number of questions relating to the post-hearing consultation. This letter is published as Examiner's documents ED-7. The Council's reply is published under Council's Post Hearing Documents CDC-CIL-PH-ED7. The Examiner is inviting anyone who wishes to make comments on ED-7 and CDC-CIL-PH-ED-7, to submit them to the Programme Officer by 12.00noon on Wednesday 23 September 2015. This consultation has now closed. The responses received are published below in the box marked Consultee's Post Hearing Documents (Documents REP-04-001; REP-08-002; REP-09-002 and REP-12-002)
On 13 August 2015, the council received an open letter from the Examiner asking the following question:
"Does the change to the Planning Practice Guidance, following on from the judgment in West Berkshire District Council and Reading Borough Council v SSCLG have any implications for the setting of residential and commercial rates for the Chichester CIL"
The open letter is published (as Examiner's document ED-6), and the council's response to this is published under Council's Post Hearing Documents (CDC-CIL-PH-ED-6).
The Examiner has asked that specific comments on the above question are sent to the Programme Officer by 5.00pm on Wednesday 26 August 2015. This consultation has now closed.
At the Chichester CIL Examination Hearing on 9 June 2015, the Examiner asked the District Council to undertake further work to update its CIL viability appraisals in respect of the following:
- Residential development
- Strategic Development Locations (SDLs)
- Retail Development
- CIL Rates - conclusions on the implications of the revised appraisals for the proposed CIL rates for residential and retail development.
Detailed information regarding the above is published below (Examiner's documents ED-5 and ED-5A)
The Examiner asked the Council to publish the above work for consultation with all parties who have expressed an interest in the CIL charging rates, to ensure that no one is prejudiced. The refreshed viability assessments are published under Council's Post Hearing Documents.
The consultation which ran from 9.00am Friday 24 July 2015 to 5.00pm Friday 21 August 2015 has now closed. The comments received have been sent to the Examiner for consideration, and are published under Consultees Post Hearing Documents.
To assist the Examiner, an independent programme officer, Chris Banks, has also been appointed to work under the Examiner direction. The Programme Officer is responsible for organising the programming and all procedural matters.
All future correspondence relating to the examination should be via the Programme Officer:
Name: Mr Chris Banks
64 Lavinia Way, East Preston
Tel: +44 01903 783722
Mobile: +44 7817322750
Council's post hearing documents
Consultee's post hearing documents
Council's answers to Examiner's preliminary questions
Council's answer to Examiner's Main Issues and Question's (MIQ)
Representors answers to Examiner's Main Issues and Questions (MIQ)
Council's response to Rep/08/001 and Rep/12/001
Council's examination opening statement
The following is a list of submitted documents and other documents related to the examination:
Submission stage: 12 March 2015
Draft Charging Schedule Consultation: 21 November 2014 - 5 January 2015
Preliminary Draft Charging Schedule stage: 17 March 2014 - 23 April 2014
- Community Infrastructure Levy - guidance 2014
- National Planning Policy Framework 2012
- Localism Act 2011
- Community Infrastructure Levy - An overview
- The Community Infrastructure Levy (Amendment) Regulations 2014
To view any previous Community Infrastructure Levy documentation, please visit the Legislation website.