PAS CIL SeminarLeeds 7 January 2016

Implementing CILMike Molyneux

Planning Policy ManagerPreston City Council

Location

Planning background• Central Lancashire Core

Strategy – Joint CS Preston, South Ribble & Chorley Councils – NPPF compliant

• Joint Advisory Committee

• LCC had observer status throughout preparation

• Infrastructure delivery plan and schedule formed basis for CIL draft Reg. 123 list

Planning background

Planning background• Preston, South Ribble and Lancashire

City Deal II agreement signed 2013 – delivery from March 2014

• Ambition – Grow local economy £1bn– 20,000+ new jobs– 17,000 new homes– Highway, transport and community

infrastructure

• CIL receipts factored into infrastructure delivery

• Central Lancashire Advisory Committee is an important part of Governance arrangements. LCC has full member status for City Deal related issues

CIL background• Joint Examination of three Central Lancashire Charging Schedules

April 2013• Approved charges:

– Residential £65 psm (Inner Preston Zone £35 psm and apartments £nil)

– Convenience retail store £160 psm– Retail warehouse, retail park and neighbourhood convenience

store £40psm– All other uses £nil

• CIL came into effect in Preston on 30 September 2013

Implementing CIL

• Lead in time to bring CIL into effect– Ensure sufficient time to enable planning

applications that are in the system to be determined

– CIL will come as a surprise to developers, particularly for development where no S106 requirements

– Key issues to determine lead in time:• Range of uses included in CIL charging schedule• Prioritise applications

Implementation Issues

• Know the regulations and keep up to date– Amendments every year since Regulations

first published in 2010• Familiarisation with the forms

– Planning Portal website & PPG • Don’t underestimate how much

developers/applicants will not know• CIL is time consuming

Some common questions

• Does CIL apply to garages?• What about the roof space?• Does CIL apply to a renewal of planning

permission first granted before the charging schedule came into effect?

• Part of a site is sold to another developer after pp and before commencement– who is responsible for apportioning the CIL?

Involving others

• Collecting CIL is a team activity– Planning –

• ensuring the relevant forms are received at the right time:

• Two developers in Preston who did not send a commencement notice before starting on site

• Timely response to claims for exemption/relief• Co-ordinating collection and spend• Reporting

Involving others– Revenues – collection– Finance – accounting for CIL & distribution of

share to Local Councils– Legal – chasing up debts

Spending CIL

• Regulation 123 list– Be clear about what goes on the list – get

agreement early for Infrastructure Delivery Plan

– Be precise about describing infrastructure on the list, by type and location – SSCLG appeal decision at Warton, Fylde re education provision (Land at Blackfield End Farm, Church road, Warton, 2217060)

Appeals

• Seven grounds– Four to VOA;

• Appeal against the chargeable amount or failure to notify

• Appeal against apportionment of liability• Appeal against a decision regarding charitable

relief• Appeal against a decision on exemption for an

extension or self build

Appeals

• Seven grounds– Three to PINS

• Surcharge• Deemed commencement• CIL stop notice

Appeals

• Two appeals so far in Preston• Both by householders• Both against deemed date of

commencement• PINS appeals by written reps & dealt with

by enforcement team

Appeals

• Appeal 1 (APP/N2345/L/14/1200007)– Large extension incorporating a swimming pool

– Allowed on appeal dated 3.10.2013, over de minimis and development commenced in February 2014 before amendment regulations introduced exemptions for extensions.

– Appellant tried to claim work had not started and therefore should be allowed to benefit from exemption

Appeals

• Appeal 1• Inspector concluded that it was clear that

work had commenced before February 2014

• Appeal was made on 19 February 2014. Decision issued 5th June 2014.

Appeals

• Appeal 2 (APP/N2345/L/14/1200019)– First planning permission granted August

2011 for erection of a detached dwelling –not implemented

– Second permission granted 4.2.14; in August 2014 S73 permission to vary a condition granted

– Liability for CIL not disputed

Appeals

• Appeal 2– Appellant argued that the demand notice

issued by the authority was incorrect as it referred to the February 2014 permission rather than the August 2014 S73 permission

– Appellant had provided evidence that the development had commenced in June 2014

Appeals

• Appeal 2– Paragraph ID 25-007-20140612 of the

Planning Practice Guidance: developers can amend a condition attached to a planning consent under s73 of the Act. If the s73 permission does not change the liability to the levy, only the original consent will be liable. If the s73 permission does change the levy liability, the most recently commenced scheme is liable for the levy.

Appeals

• Appeal 2– No claim for a self-build exemption– Inspector concluded that given the timing of

commencement it was probable that it commenced pursuant to the February 2014 permission

– Appeal made November 2014 & decision June 2015

– Appeal dismissed

Implementing CIL

Any Questions

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