Agents and Developers Forum

27th November 2015

Agenda

1. Welcome and Introductions2. Local Plan review and call for sites3. Neighbourhood Plans update4. Update on CIL and Planning Obligations Policy 5. Starter Homes6. Brownfield register7. Permission in principle (PIP and TDC) 8. Right to Build – self build9. Other changes10.Q&A

Current Local Plan

Current Rutland Local Plan comprises:• Core Strategy Development Plan

Document (DPD) - July 2011• Site Allocations and Policies DPD -

October 2014• Minerals Core Strategy and

Development Control Policies DPD - October 2010

• Existing documents cover the period to 2026 (just over 10 years)

Why Review the Local Plan?

Main reasons:

• To extend the plan period to 2036 and provide a minimum 15-year time period as recommended by the government

• To combine a number existing documents into a single Local Plan and reflect any new issues that have arisen

• To provide for any additional new housing, employment or other development that will be required over the extended plan period

• To reflect the preparation of a number of neighbourhood plans in Rutland.

What will we be consulting on?

• “Issues and Options” document sets out key issues and possible options

• First stage in preparing the Local Plan review

• Does not include policies or proposals at this stage

• Seeks views on 20 key questions - but also allows for any other issues to be raised

• 9 weeks consultation until 12 January 2016

Call For Sites

• Early opportunity for developers, landowners, town and parish councils and others to put forward development sites for consideration in the Local Plan Review

• Focus in main towns and larger villages (Local Service Centres)• Separate consultation between Sept – Nov 2015 – may also submit

sites through the “Issues and Options” consultation• Form for submitting sites to the Council • Sites put forward will be assessed as part of the Local Plan Review • Further information on the Council’s website:

http://www.rutland.gov.uk/local_plan/local_plan_review/call_for_sites.aspx

What are the key issues?

How much new housing and other development is needed?• Council has carried out a Strategic Housing Market Assessment

• shows need for 173 new dwellings per year

• Should the figure be higher or lower than this?

Town or Villages

Number of Dwellings

2015-2036

Numbers of

dwellings per

yearOakham 880 42

Uppingham

220 10

Villages 480 23Total 1580

What are the key issues?

What should be the distribution of development between the towns and villages?

• majority of new development in Rutland (70%) previously focussed on the market towns of Oakham and Uppingham

• Should the % be higher or lower than this?

• Other options for distribution e.g. edge of Stamford

What are the key issues?What should be the distribution of development between Oakham and Uppingham?• 80% of new

development in the two towns previously focussed on Oakham

• Should the % be higher or lower than this?

What are the key issues?

What are the most suitable directions for growth at Oakham and Uppingham?

• Current Local Plan - the majority of development is focussed to the north west of Oakham and west and north west of Uppingham

• Views are being sought as to the most appropriate directions of growth around the towns

• Need to accommodate any additional new development that may be needed in the period to 2036

Oakham•Land to the north west of the town is already allocated for a sustainable urban extension for about 1,100 new houses

•A site for 100 houses to the south of the town already being developed

Uppingham

•Current policies favour sites to the north and west of the town

•Sites for 170 houses already allocated to the west of the town in the Uppingham Neighbourhood Plan

What are the key issues?

What additional infrastructure will be needed?• important that any new development must have the necessary

infrastructure (such as roads and schools) available to support it.• Local Plan Review will consider the need for any key infrastructure

that may be needed in the period to 2036 and beyond and address any existing deficiencies

Are sites for employment, retail or other uses needed?• The Council is carrying out a review of future needs of land for

employment and retail purposes in the period to 2036.

Consultation

• 9 week response period from 10 November 2015- 12 January 2016

• Information on the Council’s website and at public libraries in Rutland;

• Consultation letters and/or emails will be sent to all Town and Parish Councils/Meetings

• Community Roadshow at Oakham, Uppingham, Cottesmore, Ketton and Ryhall

What happens next?

• The Council will consider all the comments received before preparing the next “Preferred Options” version of the Local Plan.

• This will set out the proposed polices and sites to be allocated for development in the plan.

• This will be published (estimated September/October) in 2016.

Further information-website: www.rutland.gov.uk/localplanreview

Neighbourhood Plans

• Edith Weston NP - adopted in June 2014

• Uppingham NP – to make January 2016

• Cottesmore NP - examiner’s report received. Referendum early 2016

• Draft Langham NP – consultation completed Oct 2015

• Greetham + Barrowden & Wakerley- Area Designations

Q & A Session 1

Community Infrastructure Levy and Planning Obligations SPD

Contents of presentation

• What CIL is• The Councils Proposals for CIL• How New S106 Planning Obligations link with CIL• When changes will take effect• The Implementation Process• How decisions on investing CIL will be made• How the Local Plan Review will affect CIL• Any questions?

THE MOST IMPORTANT THING YOU NEED TO KNOW

When does CIL and the revised S106 policy take effect?

• Adoption early January 2016

• Implementation 1st March 2016

• All permissions granted on or after 1st March will pay CIL and be required to deliver to the new SPD policies

• CIL can also apply where planning permission is not required

The Community Infrastructure Levy

What is CIL?• A mechanism to help secure funding towards community

infrastructure made necessary by new development

• Its a tariff based approach charging a levy (expressed as £/sqm based on the size and type of the new development.

• It is the Gross Internal Area that is measured to determine the actual CIL liability.

• Payment of CIL is made within 60 days of notice of development starting, not when plg permission is granted

• Payments can be made by instalment.

The Community Infrastructure Levy Some other details• CIL can generally apply to most buildings that people use - but not

buildings only entered intermittently eg to maintain machinery or structures - eg wind farms

• Affordable housing will not be liable to pay CIL – all other new housing will potentially be liable irrespective of size

• Majority of development by charities will be exempt from charge

• Other than new dwellings, it is only the net gross internal increase in the size of development over 100 sqm that pays - eg after demolished buildings are deducted

• Adjustments can also be made where a building is “vacant” in accordance with qualifying criteria

The Community Infrastructure Levy

Why do it?

• It will largely replace Section 106 Agreements which have been scaled back

• CIL will apply to all eligible developments and have a potentially greater range than S106 contributions

• Once in place the levy is paid automatically, it is not negotiated in the way that S106 contributions are

• It will be known up front

• It will be easier for infrastructure providers to pool the contributions from various developments

The Community Infrastructure Levy

The Council Proposals for CIL – Residential Development

• Residential development will be charged at a rate of £100 pm2

• Affordable Housing will not pay CIL

• CIL will not apply to self-build homes, residential extensions and annexes providing qualifying criteria have been met.

• CIL will also not apply to any other developments within Use Class C1, C2 or C3 such as residential care homes, Extra Care housing and other residential institutions.

• Hotels and other forms of holiday accommodation such as lodges, cabins caravans, mobile homes etc will also not be liable.

The Community Infrastructure Levy

The Council Proposals for CIL – Non Residential Development

• Food retail (supermarkets) development will be charged at a rate of £150 pm2

• CIL will also be applied at a rate of £10 pm2 to buildings used for distribution relating to the B8 use class

• CIL will also apply to Retail Warehouses at a rate of £75 pm2

The Neighbours

Very few published:Newark and Sherwood

Large retail £100 - £125Small retail £75 - £100Residential £0 - £75

ShropshireResidential £40 - £80

HuntingdonshireLarge retail £100 Small retail £40 Residential £85

No adjacent councils set CIL.

Planning Obligations

Section 106 policy

• A new SPD on Planning Obligations has been drafted, consulted upon and now finalised for adoption to link with CIL.

• The new SPD mainly deals with Affordable Housing and the levels of on or off site AH provision that the Council will be seeking alongside CIL.

• A list of items of infrastructure that the Council intends to fund through CIL is published – S106 cannot also be used to impose additional obligations on a developer for these CIL funded items.

• S106 Agreements will apply where there are critical planning obligations required in order to enable a planning permission to be granted.

Planning Obligations

Affordable Housing

• No AH required from a single dwelling site (unless a rural exception site)

• For sites of 2-5 dwellings AH requirement may be met off site via commuted sum

• AH contributions will not apply to residential annexe or extension within

curtilage of existing dwelling

• The minimum on–site AH requirement is reduced from 35% to 30%. • On –site provision of AH will generally be expected on sites of 6 or more

dwellings

Implementing CIL

When does CIL and the revised S106 policy take effect?

• Adoption early January 2016

• Implementation 1st March 2016

• All permissions granted after this date will pay CIL and be required to deliver to the new SPD policies

• CIL can also apply where planning permission is not required

What happens when a development liable to pay CIL is submitted to the Council?

• A Guidance note is being prepared and will soon be posted on-line

Stage 1 – Validation of Planning Application• CIL liability will be picked up at this stage (e.g., when a planning

application or prior notification is submitted)

• The following forms will need to be completed; - a CIL Questions Form and - an Assumption of CIL Liability Form

• Where appropriate a submission of a CIL Form 2 is also required – eg where AH being provided and exemption/relief is being sought.

Implementing CIL

Stage 2 – Determination of Planning Application• CIL liability will have been determined at same time as planning

permission is granted• The CIL Liability notice will be stating the CIL charge• The CIL will be registered as a local land charge

Stage 3 - Prior to Commencement of Development• Developer completes CIL Form 6 “Commencement Notice”

informing Council of intended start date.• Council issues Demand Notice stating CIL Charge and payment

instructions

Stage 4 – After Commencement of Development• Developer pays CIL at specified instalments

Investing CIL

• Up to 5% of CIL receipts are available to the Council to administer CIL

• 15% of CIL receipts go to Parish Councils. This is increased to 25% where a neighbourhood plan is adopted

• Decisions on investing the remaining receipts will be made by the Council – in consultation with external infrastructure providers (Health and Police), Parishes and other interested stakeholders

• The Council is obliged to produce an annual report on CIL received and invested

CIL and the Local Plan Review

• CIL will need to be reviewed – current CIL only considers investment required to deliver adopted plan (to 2026)

• Council will address infrastructure invested required to support new plan – this will be done in stages

• Council will also review viability of different types of development – what rate of CIL can they bear?

• Government is conducting review of CIL – asking the question “Is it Working?”

Q & A Session 2

Starter Homes

• Commitment in Queens Speech• Housing and Planning Bill• For first time buyers under 40 – 20% at least discount• Exempt from CIL• Councils duty to plan and allocate• Starter Homes on all reasonable sized housing sites.• Details in later regulations• Can development pay for starter homes and affordable homes?

Brownfield Register

• Housing and Planning Bill• Require Council to have a register• Ensure 90% of sites have planning permission by 2020• Register to provide certainty• Reviewed annually• Sites must be deliverable, free of constraint, capable of

development, capable of 5 dwellings or more.

Permission in principle (PIP and TDC)

• Permission in Principle (PIP) granted through brownfield registers, local plans and neighbourhood plans.

• PIP’s can also be applied for by developers• PIP cannot apply where EIA or HRA applicable• For sites up to 10 dwellings• PIP only deals with land use, location and amount (old fashioned

red line outline)• Technical Details Consent (TDC) deals with impact and design

Applying the PIP Model

Plan and Registers grant automatic permission in principle

Application for

permission in principle(SMEs)

Local Plan Neighbourhood Plan

Brownfield register

Application for Technical Detail Consent

Right to Build

• Self-Build and Custom Housebuilding Act 2015• Councils required to have register of prospective custom builders• Awaiting regulations• In place Spring 2016?

Other Changes

• Government announced office to residential PD rights to become permanent and to extend to right to demolish and erect new dwellings

• Council is looking to work with NFU and CLA to prepare guidance on converting agricultural buildings to dwellings

• CIRIA have updated SuDS Manual. http://www.ciria.org/Memberships/The_SuDs_Manual_C753_Chapters.aspx

Q & A Session 3