Agenda item

This report provides an update on the Arun CIL Examination which took place on 18 October 2019.  It also provides a summary of the Examiner’s Report, which is due to be issued to the Council during the week commencing 2 December 2019 and, as a result, it will be provided under separate cover to enable the Examiner’s recommendations to be taken account of. 

The Examiner’s report may include specified modifications to the Charging Schedule that are required to be made to the Charging Schedule.  A list of these modifications, and the reasons for them will be reported to the Sub-Committee.  The final Charging Schedule and a schedule of the recommended modifications will be appended to the report. 

The report will also include further details regarding the CIL charging process such as “Bringing CIL into Effect” and a “Next Steps” section which will explain the tasks that are required to implement and govern the CIL processes.

Finally, the report will ask the Subcommittee to recommend to Full Council that the Arun CIL Charging Schedule be approved to come into effect on 1 April 2020.

            The Planning Policy Team Leader presented this report which provided an update on the Arun Community Infrastructure Levy (CIL) Examination which took place on 18 October 2019; a summary of the Examiner’s Report which was received on 3 December 2019; and further details regarding the CIL charging process.  He advised the Subcommittee that the Charging Schedule had the potential to generate £30million going forward in future years and was therefore an important document.  The receipts from CIL would be used to deliver infrastructure projects to support planned development

            Following examination, the draft Charging Schedule had been found “fit for purpose” subject to two modifications which had been duly incorporated in the document.  It was therefore being recommended for approval by Full Council as the basis for collecting a CIL levy and as sufficient evidence had been provided, the rates would not undermine the deliverability of the Local Plan.

            In turning to consideration of the item, the Principal Planner was commended for her due diligence in achieving finalisation of the Arun CIL Charging Schedule.

            Member comment was made highlighting 4 specific issues that the Examiner had made further suggestions/informal recommendations on.  These related to:-

a.    Applications in the pipeline when the Charging Schedule came into effect – officer response given was that CIL Regulations were quite clear and there was no leeway.  If a planning application had not been approved before the Charging Schedule came into effect there would still be a liability to pay a CIL charge;

b.    A review of the CIL Charging Schedule on completion of the review of the Arun Local Plan – officer response given was that that would happen at an appropriate time with consideration of the Local Plan review;

c.    Definition of Gross Internal Area (GIA) to be included in the published Charging Schedule – officer response given that the authority was proceeding on the basis of the Examiner’s report as suggested best practice discussed at the Examination – this technical reference could be revised subsequently if necessary;and

d.    Exceptional circumstances relief – officer response given that it was not possible or appropriate to anticipate all other potential reliefs/circumstances when this was adequately included in national guidance and it would therefore be for developers to apply for relief.  It was important that all liable developments pay the charge to mitigate the impact of the development.

Following further points expressed, the Subcommittee

RECOMMEND TO FULL COUNCIL – That

1)  the Arun CIL Charging Schedule, which includes the Examiner’s modifications and minor modifications as set out in Background Paper 2; and any further non-material changes which may be included and agreed with the Group Head of Planning, in consultation with the Chairman of the Planning Policy Subcommittee and Cabinet Member for Planning, be approved in accordance with section 213 of the Planning Act 2008; and

(2) that the Arun CIL Charging Schedule, and the Instalments Policy (set out within the Charging Schedule) will come into effect in Arun District (outside of the South Downs National Park Authority Area) on 1April 2020.