Post on 02-Jul-2015
description
The
Community Infrastructure Levy
- a planning [law] gain?
Jill Dickinson
Sheffield Hallam University
SLS - September 2014
The Community Infrastructure
Levy - a planning [law] gain?
• What is it? How is it charged? Imposing it?
• Tracing its development/Rationale behind
it
• Just one piece of the overall jigsaw...
• Stakeholder perceptions:
– "is it faster, fairer and more transparent than
the previous system"?
• The future?
What is the Community
Infrastructure Levy?
• Optional levy by local authority (LA)
• "CIL Watch: Who's charging what?"
• Charged on new buildings/extensions
• To help pay for supporting infrastructure
that the council, local community and
neighbourhoods want
• Usually cash but could also include
payment in kind, eg. land or infrastructure
Process for imposing
a CIL charging schedule
Evidence of economic viability
Draft charging schedule
Public consultation
Independent examination
Full council resolution
Average 23 months (Savills, 'CIL The Countdown to April 2015, July 2014)
How is CIL charged?
• Chargeable in respect of buildings
• Can charge different rates within the area for different:– zones;
– proposed uses; and/or
– scales of development
• Could be payable even if planning permission not required
• Exemptions
• When does it become payable?
• Who is responsible?
• Potential criminal offence
Tracing its development following
the Planning Act 2008...
CIL Regs2010
CIL (Amendt Regs) 2011
CIL (Amendt Regs 2012)
CIL (Amendt Regs 2013)
CIL(AmendtRegs2014)
The backdrop
CIL - just one piece of
the overall jigsaw...
• Planning Permission Conditions
• National Planning Policy Framework/the
Development Plan
• s.106 Agreements
• s.278 Highway Agreements
Stakeholder perceptions:
"is the new system faster, fairer and
more transparent?
• Double-dipping
• Variety of rates
• Shortfall?
• BPF: Increased cost -v- greater simplicity, certainty, predictability and transparency
• Shorter negotiation -v- increased bureaucracy (Hewitson and Purvis)
• Increased take-up
The future?
• Recent "seismic shifts in planning" tip
balance in developers' favourElle Cass 6 June 2014
• Notional or truly voluntary system?
• Impact on s.106 agreements
• 6 April 2015
• Forthcoming General Election
Jill DickinsonDepartment of Law and Criminology
Sheffield Hallam University
jill.dickinson@shu.ac.uk
@Jill_Dickinson1
http://uk.linkedin.com/in/jilldickinson1
http://shu.academia.edu/JillDickinson