1. Place CIL Implementation – the Bristol experience Jim Cliffe (Planning Obligations Manager – Bristol City Council)

2. Place Background to CIL in Bristol One of Governments CIL Frontrunners Eighth Council to implement CIL CIL Charges took effect on 1 January 2013

3. Place Key Characteristics of Bristol Densely built up urban area Tightly constrained boundaries Not parished Very little green belt No strategic housing sites / urban extensions High level of housing delivery (average of 1,816 new dwellings per year from 2006/07 to 2014/15)

4. Place Bristol’s CIL Rates Development TypeCIL Rate Residential (Class C3) Inner Zone£70 Residential (Class C3) Outer Zone£50 Offices and Industrial (Classes B1, B2 and B8 £nil Hotels£70 Retail (Classes A1 to A5)£120 Student Accommodation£100 Residential and Non-Residential Institutions (Classes C2, C2A and D1) £nil Development by the emergency services for operational purposes £nil All other development£50

5. Place Bristol’s CIL Income YearCIL Income 1 January 2013 – 31 March 2013£0 1 April 2013 – 31 March 2014£510,797.88 1 April 2014 – 31 March 2015£2,768,571.50 1 April 2015 – 5 January 2016£3,002,549.36 Total£6,281,918.74

6. Place CIL Implementation - Discretionary Issues Payment allowed in four instalments where CIL liability is over £35,000 No exceptional circumstances relief No discretionary charitable relief No discretionary social housing relief

7. Place CIL Implementation – Processing applications CIL Additional Information Form is a validation requirement CIL calculated by Planning Admin Team in most cases Level of CIL payable set out in standard paragraphs in planning officer’s report CIL Liability Notice sent out with Decision Notice

8. Place CIL Implementation – Reviews and Appeals 42 CIL reviews in the past three years – mostly as a result of an error on the applicants part or our part Less than 12 of the reviews have related to genuine points of principle or disagreement 2 CIL appeals in the past three years – both successfully defended

9. Place CIL Implementation – checking commencement Use resources efficiently – don’t do specific site visits just to check a CIL commencement Cross Check Building Control records Use enforcement officers to do drive by checks Annual Housing Survey

10. Place CIL Implementation – surcharges Not following CIL processes can be a costly mistake for a developer. Are you going to automatically add surcharges for non-submission of forms in a timely manner, or late payment, or will you give some latitude? How are you going to deal with late payment interest?

11. Place CIL Implementation – Mandatory Reliefs Developers wanting relief MUST:  Assume Liability to pay CIL (CIL Form 1)  Claim the relief  Be given the relief  Submit a Commencement Notice (CIL Form 6) BEFORE they commence. If they fail to do any of these, relief cannot be claimed or given!

12. Place CIL Implementation – enforcement Stop Notices Stops development until CIL is paid – similar to Enforcement Stop Notices; or CIL Liability Order Order issued by Magistrates Court requiring payment of CIL Bristol uses the CIL Liability Order route and has had a successful prosecution.

13. Place CIL Implementation – retrospective consents Planning Consent granted for a dwelling pre CIL Scheme not built in accordance with approved plans – therefore not lawful development CIL implemented New application required to ensure the consent reflects the “as built” position New consent is CIL Liable and relief cannot be granted as commencement has taken place.

14. Place CIL Implementation - Spending Strategic CIL Need for processes to ensure clear decision making. Could include: Cabinet Decision Capital Programme Board Annual Budget setting In two tier authorities the County and District need to agree a process for making CIL spending decisions.

15. Place CIL Implementation – the Neighbourhood Component No parishes in Bristol, but … 14 Neighbourhood Partnerships who have formal decision taking and spending powers over various budgets Each Neighbourhood Partnerships comprises two or three wards, and decisions are taken by the Neighbourhood Committee, which is made up of the elected ward members

16. Place CIL Implementation – Neighbourhood Development Plans Four Neighbourhood Development Plans being brought forward in Bristol None of them follow ward boundaries

17. Place CIL Implementation – Neighbourhood Development Plans Neighbourhood Development Forums have no authority to deliver infrastructure or spend CIL monies The enhanced component (25% instead of 15%) will be devolved to the relevant Neighbourhood Partnership

18. Place CIL Implementation – Neighbourhood Development Plans Neighbourhood Development Forums are encouraged to include a policy / schedule in their plans identifying infrastructure to support the growth identified in the plan The Forums need to work with Neighbourhood Partnerships to influence and guide the spending of the neighbourhood component of CIL

19. Place CIL Implementation – General Observations Most large scale developers are good at completing the relevant documentation and submitting forms in a timely manner Most small scale developers are not! The vast majority of CIL Liable developments are delivered by small scale developers Consequently there is lots of chasing to be done

20. Place CIL Implementation – does CIL really impact on viability? Average residential CIL payment of £5,307 based on 990 dwellings that have paid CIL Property TypeAverage Sales Value based on Land Registry data Average CIL as a % of Average Value Flat£211,8172.5% Terraced House£198,6412.7% Semi-detached House£240,4062.2% Detached House£409,2991.3% All property types£214,4282.5%