CIL Watch #24: Richmond, Winchester, Dover and Teignbridge consult on levy plans

The final CIL Watch update of 2012 includes the lowdown on new Community Infrastructure Levy charging schedules from Richmond, Winchester, Dover, Teignbridge and Rhonnda Cynon Taf as well as a look at updated CIL guidance from the Department for Communities and Local Government.

New preliminary draft charging schedules published…

The London Borough of Richmond upon Thames is consulting on its preliminary draft charging schedule until 28 January 2013. The document out for consultation proposes two charging zones for residential development, with charges of either £210 or £275 per square metre. A £150 per square metre charge for convenience retail would apply in all areas, while comparison retail would be charged at £150 per square metre in Richmond town centre and £0 elsewhere. Consultancy Roger Tym and Partners produced a viability testing study for the south-west London borough.

Winchester City Council’s preliminary draft charging schedule is out for consultation until 1 February 2013. The document proposes three charging zones for residential developments, with charges of either £0, £80 or £120 per square metre. The charging schedule also proposes rates of either £0 or £120 per square metre for retail developments. Consultancy Adams Integra prepared residential and non-residential viability evidence for the local authority.

A consultation on Dover District Council’s preliminary draft charging schedule closes on 7 March 2013. The document splits the district into four zones. Proposed residential charges are either £0, £50, £75 or £125 per square metre. The preliminary draft charging schedule also proposes charging differential rates based on the size of retail development. For example, in a zone covering Dover, retail units over 500 square metres would face a charge of £50 per square metre, while those beneath this threshold would be required to pay a levy of £25 per square metre.

Teignbridge District Council in south Devon is consulting on a preliminary draft charging schedule until 25 January 2013. Four charging zones are proposed for residential development, with charges of £75, £125, £150 and £300 per square metre. A charge of £200 per square metre is proposed for retail developments outside of town centre shopping areas. Town centre retail would not be required to pay the levy. Peter Brett Associates and Three Dragons produced a viability study for the council.

Rhondda Cynon Taf County Borough Council in South Wales is consulting on its preliminary draft charging schedule until 14 January 2013. The document sets out three charging zones for residential developments, with proposed charges of £0, £40 and £100 per square metre. A1 retail would face a charge of £100 per square metre, while a charge of £25 per square metre would apply to A3 retail. District Valuer Services produced a viability study for Caerphilly, Merthyr Tydfil and Rhondda Cynon Taf County Borough Councils.

Examination news…

Exeter City Council submitted its draft charging schedule for examination on 13 December 2012.

Council nears implementation…

The East Cambridgeshire CIL charging schedule was adopted at a meeting of full council on 12th December 2012.  The council says that the charging schedule is due to take effect from 1 February 2013. As reported in CIL Watch #23, the council’s CIL plans were backed by an examiner in November.

DCLG publishes updated CIL guidance…

Updated CIL guidance was published by the Department for Communities and Local Government (DCLG) on Friday 14 December. The guidance, which replaces earlier CIL guidance published in 2010, is (in part) intended to end the practice of so-called "double-dipping", whereby developers are asked to pay twice for the same piece of infrastructure. In addition to putting an end to "double-dipping", John Rhodes, director of planning consultancy Quod, says that the updated guidance places a clear obligation on examiners and councils to ensure that CIL charging schedules assist with the delivery of local plan objectives. He says that the updated guidance is intended to ensure that CIL examinations are a "real event" that "properly test" CIL charging schedules.

Two other important points to note:

- The guidance says it does not apply to charging schedules submitted for examination prior to its publication – in such cases the old 2010 guidance continues to apply. However, according to law firm Mills & Reeve’s Plan-it Law blog, the guidance will apply to draft charging schedules published prior to 14 December (when the guidance was published), but not yet submitted for examination. "Any preliminary charging schedules published before the changeover date … will need to be reconsidered in case any changes are needed," the blog says.

- Under current arrangements, limits on the local use of planning obligations for pooled contributions towards items that could be funded via the levy will be introduced from April 2014. But a press notice published by the DCLG on Friday reveals that the government will be "considering the suggestion to move the 2014 date when councils will be limited in their use of pooled Section 106 planning obligations for infrastructure that can be funded by the levy". Rhodes says that authorities are currently "rushing" to get CIL charges in place ahead of the April 2014 deadline and that the DCLG’s suggestion that this deadline could be moved – combined with the prospect of tougher tests at examination as a result of the updated guidance – may lead to a "slowdown" in CIL charging schedules.

UPDATED – Who’s charging what? Our complete table of the CIL charges that have been published to date – now arranged by region – is available here.

To tell us your CIL news, contact jamie.carpenter@haymarket.com. For CIL updates, follow Jamie on Twitter at @J_J_Carpenter.


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