PAS CIL Seminar Leeds 7 January 2016 Implementing CIL Mike Molyneux Planning Policy Manager Preston 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 Examination July 2014 – June 2015 Adopted July 2015 Sets out details of development in relation to Core Strategy

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, )

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/ ) –Large extension incorporating a swimming pool – Allowed on appeal dated , 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 Decision issued 5 th June 2014.

Appeals Appeal 2 (APP/N2345/L/14/ ) –First planning permission granted August 2011 for erection of a detached dwelling –not implemented –Second permission granted ; 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 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 ??