Torbay Council - CIL examination report published

Torbay Council published its Community Infrastructure Levy examination report on 5 December 2016.

The Examiner's report on the Torbay CIL draft charging schedule was issued on on 5 December 2016. The Examiner found that provided modifications were made the charging schedule would provide an appropriate basis for the charging of the levy in the area. The recommended modifications were available for consultation in the modified submission draft and the schedule of revised modifications that was published in September 2016. The Examiner also proposed charging restricting a rate of £140 per m2 in one zone to medium scale residential developments and not charging large scale developments.

Previous Progress

Torbay Council had published its CIL preliminary draft charging schedule for a consultation that was held between 13 December 2011 and 6 February 2012. The process of developing a CIL charging schedule had been put on hold after the preliminary draft charging schedule consultation until more progress was made on producing a Local Plan for the borough.

The preliminary draft differed from the first draft in that it had proposed a boroughwide charge of £100 per m2 for all housing developments. The preliminary draft also included a proposed charge of £150 per m2 for small out of built-up area retail developments (A1) that was not in the draft.

The preliminary draft also had a higher rate for out of town retail warehouse developments with a charge of £300 per m2. There was also a lower rate for out of town food and drink developments with a rate of £100 per m2.

Torbay Council has published its first draft charging schedule for a consultation that was between 9 February 2015 and 23 March 2015. The draft charging schedule lowered the rate for small residential developments to £70 per m2 and removed the levy for large residential developments.

The draft charging schedule no longer proposed to charge small retail (A1) developments, and changes the area covered by the charge for large retail (A1) developments.

Where it had been proposed to charge for retail warehouse developments in the preliminary draft the rate was reduced to £120 per m2. The area where it had been proposed to charge for food and drink developments (A3-5) however the rate had been increased to £150 per m2. This £150 rate for retail  (A3-5) and large (A1) retail developments was lowered in the revised draft.

Torbay Council had published a CIL revised draft charging schedule for a consultation that took place between 18 March 2016 and 29 April 2016.

The revised draft charging schedule increases the charge for large scale retail dvelopments from £0 up to £140 per m2 in one zone. The revised draft also alters how Section 106 contributions will be collected. The revised draft charging schedule lowered the rate for retail (A3-5) and large retail (A1) from £150 to £120 per m2 in one zone.

Torbay Council had submitted its CIL revised draft charging schedule with modifications for examination on 15 August 2016. The revisions were available for consultation until 26 September 2016.

The modifications included reducing the rate for small residential developments in one zone from £30 to £0 per m2. Another modifications was to add a charge of £70 per m2 for small scale residential developments in a zone that had previously proposed to not charge for residential developments.

Torbay Council then published a schedule of revised proposed modifications to the revised draft charging schedule for a consultation that took place between 5 September 2016 and 17 October 2016.

Approved rates include:

- Three large residential devlopment charging zones with rates of £70, £30 and £0 per m2.

- Four medium residential development charging zones with rates of £140, £70, £30 and £0 per m2.

- Two small residential charging zones with rates of £70 and £30 per m2.

- Two very small residential charging zones with rates of £70 and £0 per m2.

- No charge for extra care home developments.

- Two large retail development (A1) charging zones with rates of £120 and £0 per m2.

- Two food and drink development (A3-5) charging zones with rates of £120 and £0 per m2.

- No charge for all other uses.


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