CIL Watch: Inspector blocks 'unreasonable' transport contribution

News that a planning inspector has ruled that a council's requirement for a transport tariff contribution should have been waived features in the latest CIL Watch.

PINS: inspector rules against council tariff demand
PINS: inspector rules against council tariff demand

In a decision letter issued earlier this month, inspector Aidan McCooey upheld appellant Landare Investments Ltd’s appeal against Rhondda Cynon Taf County Borough Council’s failure to determine its application for planning permission for a residential development of 77 homes.

According to the decision letter, the council resolved to grant outline permission subject to conditions for Landare’s application in September 2012. The resolution required that a planning obligation be entered into to provide a transport tariff payment, a contribution towards education provision and an element of affordable housing.

The appellant queried the need for the transport tariff payment and education contribution in the light of the impending introduction of CIL in the borough, according to the inspector’s note.

The council agreed that the education contribution was no longer necessary, but considered that the transport tariff payment should remain.

But the inspector ruled that the requirement for a transport tariff contribution should have been waived. The council’s CIL charging schedule was submitted for examination in February 2014, before the decision in March 2014 to insist on the payment, the inspector said. The authority introduced CIL on 31 December 2014.

"This charging schedule and evidence to the CIL examination demonstrated that residential development in the northern part of the borough was not viable with any CIL and so the recommended rate was set at zero," the report said. "In these circumstances, to ask for viability evidence for a transport tariff on an individual site was unreasonable."





CIL UPDATES

CHARGING SCHEDULES PUBLISHED

Barnsley Council published its Community Infrastructure Levy draft charging schedule for consultation on 17 October 2016. The draft charging schedule has a top rate for residential developments of £80 per square metre.

The Old Oak and Park Royal Development Corporation published its Community Infrastructure Levy preliminary draft charging schedule for consultation on 3 October 2016. The schedule includes a proposed charge for residential developments of £175 per square metre.

PLANS SUBMITTED FOR EXAMINATION

North Dorset District Council submitted its Community Infrastructure Levy draft charging schedule for examination on 7 October 2016. The document sets a top residential rate of £45 per square metre.

EXAMINATION REPORTS PUBLISHED

Stroud District Council published its Community Infrastructure Levy examination report on 17 October 2016. The examiner found that, provided a modification was made, the charging schedule would provide an appropriate basis for the collection of the levy in the district. The modification was to include a footnote that would clarify the definition of chargeable retail development.


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