Community Infrastructure Levy (CIL)
The submitted Chichester CIL Draft Charging Schedule was subjected to an independent examination hearing on Tuesday 9 June 2015. Mike Hayden BSc, DipTP, MRTPI, from the Planning Inspectorate, was appointed as the independent Examiner for the examination. The council received the CIL Examiner's final report on 23 November 2015.
The council adopted the CIL Charging Schedule on 26 January 2016, to take effect from 1 February 2016. The CIL Charging Schedule and associated documents are published below.
CIL - Examiner's Report (PDF, 196 KB)
Statutory Adoption Notice (Regulation) 25 (PDF, 75 KB)
CIL Charging Schedule (PDF, 687 KB)
The CIL is a new charge that local authorities in England can place on new development in their area. The money generated through the levy will contribute to the funding of infrastructure to support growth. Chichester's CIL will apply to the parts of the district that are not in the South Downs National Park. (The South Downs National Park Authority is preparing its own CIL).
The Government, through legislation, has restricted the ability of local authorities to pool funding for off-site infrastructure and expects them to introduce the CIL. The government believes that this tariff-based approach offers the best way to contribute to funding infrastructure in a fair and transparent manner. The CIL will provide 'up front' certainty about how much money developers will be expected to contribute.
Developer contributions are currently collected through Section 106 planning obligations. Planning regulations state that there should be no 'double charging' for infrastructure through CIL and Section 106. After April 2015 the government intends that the pooling of Section 106 contributions will be restricted to no more than 5 applications (with the exception of affordable housing contributions and S278 agreements entered into with the Highways Agency, where the pooling restrictions do not apply). Planning obligations (despite being scaled back) will continue to play a key role in relation to affordable housing and certain site specific requirements. A Planning Obligations and Affordable Housing Supplementary Planning Document is being prepared to show how S106 planning obligations, planning conditions, and Highways S278 agreements work together as a set of tools to help achieve sustainable development.
| Action | Dates | |
|---|---|---|
| Stage 1 | Public Consultation on Preliminary draft Charging Schedule, draft payments by instalments policy & draft Regulation 123 list. | March 2014 - April 2014 |
| Stage 2 | Draft Charging Schedule, draft payments by instalments policy & draft Regulation 123 Consultation | 09:00am 21 November 2014 - 17:00pm 5 January 2015 |
| Stage 3 | Submission to Examiner | 12 March 2015 |
| Stage 4 | Examination | 9 June 2015 |
| Stage 5 | Estimated date of adoption | 1 February 2016 |
The Council received a letter on 23 September (see ED-8 below) asking the Council to comment on the BCIS report submitted by Domusea (see REP-04-001 below). The Council has been asked to reply to the Examiner by 5.00pm on Wednesday 30 September 2015. The Council's reply is published below in the box marked Council's Post Hearing Documents (CDC-CIL-PH-ED-8)
The council received a letter from the Examiner on 28 August 2015, asking the council to respond to a number of questions relating to the post-hearing consultation. This letter is published as Examiner's documents ED-7. The Council's reply is published under Council's Post Hearing Documents CDC-CIL-PH-ED7. The Examiner is inviting anyone who wishes to make comments on ED-7 and CDC-CIL-PH-ED-7, to submit them to the Programme Officer by 12.00noon on Wednesday 23 September 2015. This consultation has now closed. The responses received are published below in the box marked Consultee's Post Hearing Documents (Documents REP-04-001; REP-08-002; REP-09-002 and REP-12-002)
On 13 August 2015, the council received an open letter from the Examiner asking the following question:
"Does the change to the Planning Practice Guidance, following on from the judgment in West Berkshire District Council and Reading Borough Council v SSCLG have any implications for the setting of residential and commercial rates for the Chichester CIL"
The open letter is published (as Examiner's document ED-6), and the council's response to this is published under Council's Post Hearing Documents (CDC-CIL-PH-ED-6).
The Examiner has asked that specific comments on the above question are sent to the Programme Officer by 5.00pm on Wednesday 26 August 2015. This consultation has now closed.
At the Chichester CIL Examination Hearing on 9 June 2015, the Examiner asked the District Council to undertake further work to update its CIL viability appraisals in respect of the following:
- Residential development
- Strategic Development Locations (SDLs)
- Retail Development
- CIL Rates - conclusions on the implications of the revised appraisals for the proposed CIL rates for residential and retail development.
Detailed information regarding the above is published below (Examiner's documents ED-5 and ED-5A)
The Examiner asked the Council to publish the above work for consultation with all parties who have expressed an interest in the CIL charging rates, to ensure that no one is prejudiced. The refreshed viability assessments are published under Council's Post Hearing Documents.
The consultation which ran from 9.00am Friday 24 July 2015 to 5.00pm Friday 21 August 2015 has now closed. The comments received have been sent to the Examiner for consideration, and are published under Consultees Post Hearing Documents.
To assist the Examiner, an independent programme officer, Chris Banks, has also been appointed to work under the Examiner direction. The Programme Officer is responsible for organising the programming and all procedural matters.
All future correspondence relating to the examination should be via the Programme Officer:
Name: Mr Chris Banks
Address:
Banks Solutions
64 Lavinia Way, East Preston
West Sussex
BN16 1EF
United Kingdom
Email: bankssolutionsuk@gmail.com
Tel: +44 01903 783722
Mobile: +44 7817322750
Examiner's documents
ED-1 Examiner's letter and preliminary questions to the Council (14th April 2015) (PDF, 60 KB)
ED - 2 Examiner's Briefing Note (PDF, 84 KB)
ED-3 Examiners Main Issues and Questions (PDF, 90 KB)
ED-4C Examination Hearing Programme - Final (PDF, 118 KB)
ED-5 Chichester CIL - Post hearing letter to the Council (PDF, 63 KB)
ED-5A Chichester CIL - attached note on further work (PDF, 44 KB)
ED-6 Chichester CIL- letter to all parties regarding change to PPG on small sites (PDF, 48 KB)
ED-7 CIL-Post hearing consultation response letter to the Council (PDF, 94 KB)
ED-8 Chichester CIL - Post hearing letter to the Council re Small sites (PDF, 89 KB)
Council's post hearing documents
CDC-CIL-PH-1 Revised Viability Assessment Residential (PDF, 3 MB)
CDC-CIL-PH-2 Revised Viability Assessment Strategic Development Locations (PDF, 1 MB)
CDC-CIL-PH-3 Revised Viability Assessment Retail (PDF, 832 KB)
Consultee's post hearing documents
Post hearing consultation responses (PDF, 61 KB)
NLP on behalf of CEG (PDF, 139 KB)
REP-04 BCIS Research Report from Domusea (PDF, 900 KB)
REP-08-002 Further Response Turley (PDF, 178 KB)
REP-09-002 Further response NLP (PDF, 242 KB)
REP-12-002 Further response Savills (PDF, 169 KB)
Council's answers to Examiner's preliminary questions
CDC - CIL - ED- 1 Council's answers to Examiner Preliminary Questions (PDF, 360 KB)
CDC-CIL-ED-1-13 Council's answers to Examiner's Preliminary question 13 Appendix (PDF, 101 KB)
CDC-CIL-ED-1-2 Council's answer to Examiner's Preliminary question 2 DCS Map (PDF, 2 MB)
Council's answer to Examiner's Main Issues and Question's (MIQ)
ED-3-ABCD Council’s answers to Examiner’s questions A,B,C &D to Examiner’s MIQ (PDF, 209 KB)
CDC-CIL-ED-3-1 Council’s answers to Examiner’s question 1 to Examiners MIQ (PDF, 122 KB)
CDC-CIL-ED-3-2 Council’s answers to Examiner’s question 2 to Examiners MIQ (PDF, 189 KB)
CDC-CIL-ED-3-3 & 4 Council’s answers to Examiner’s questions 3 & 4 to Examiners MIQ (PDF, 183 KB)
CDC-CIL-ED-3-5 & 6 Council’s answers to Examiner’s questions 5 & 6 to Examiners MIQ (PDF, 79 KB)
CDC-CIL-ED-3-7 Council’s answer to Examiner’s question 7 to Examiners MIQ (PDF, 116 KB)
CDC-CIL-ED-3-8 Council’s answer to Examiner’s question 8 to Examiners MIQ (PDF, 79 KB)
CDC-CIL-ED-3-9 Council’s answer to Examiner’s question 9 to Examiners MIQ (PDF, 167 KB)
CDC-CIL-ED-3-10 Council’s answer to Examiner’s question 10 to Examiners MIQ (PDF, 155 KB)
CDC-CIL-ED-3-11 Council’s answer to Examiner’s question 11 to Examiners MIQ (PDF, 175 KB)
CDC-CIL-ED-3-14 Council’s answers to Examiner’s question 14 to Examiners MIQ (PDF, 129 KB)
CDC-CIL-ED-3-15 Council’s answer to Examiner’s question 15 to Examiners MIQ (PDF, 204 KB)
CDC-CIL-ED-3-16 Council’s answer to Examiner’s question 16 to Examiners MIQ (PDF, 89 KB)
Representors answers to Examiner's Main Issues and Questions (MIQ)
REP/08/001 Turley on behalf of Martin Grant Homes to Examiners MIQ (PDF, 1 MB)
Council's response to Rep/08/001 and Rep/12/001
CDC-CIL-ED-4 New Build Residential Property Prices in Chichester June 2015 (PDF, 154 KB)
Council's examination opening statement
The following is a list of submitted documents and other documents related to the examination:
Examination checklist
Community Infrastructure Levy - Setting and examination checklist (Word doc, 128 KB)
Submission stage: 12 March 2015
CIL-03 DCS Reg 19 (1) Statement (Appendix 2 contains Consultation info Regs 15 16 (PDF, 606 KB)
CIL-05 CIL Statement of Compliance (March 2015) (PDF, 212 KB)
CIL-06 Infrastructure Delivery Plan Version 2 (October 2014) (PDF, 527 KB)
CIL-07 Draft Planning Obligations and Affordable Housing SPD (PDF, 171 KB)
CIL-08 Notice of Submission of the CIL DCS Regulation 19 (PDF, 160 KB)
Draft Charging Schedule Consultation: 21 November 2014 - 5 January 2015
CIL-09 Community Infrastructure Levy Storyboard (PDF, 671 KB)
CIL-10 Regulation 16 Statement of Representations Procedure (PDF, 88 KB)
CIL-11 Statement of Consultation Preliminary Draft Charging Schedule (PDF, 321 KB)
CIL-12 Strategic Environmental Assessment Screening Determination (PDF, 321 KB)
CIL-13 Equality Impact Analysis (October 2014) (PDF, 329 KB)
CIL-14 Monies received from planning obligations over the past five years (Excel doc, 101 KB)
Preliminary Draft Charging Schedule stage: 17 March 2014 - 23 April 2014
CIL-15 Preliminary Draft Charging Schedule (PDF, 1 MB)
CIL-16 Preliminary Draft Charging Schedule Notice (Regulation 15) (PDF, 75 KB)
CIL-17 Infrastructure Delivery Plan Version 1 (October 2013) (PDF, 512 KB)
CIL-18 District Council Plan Viability (November 2013) (PDF, 2 MB)
CIL-19 Equality Impact Analysis (January 2014) (PDF, 330 KB)
CIL- 20 Simple Guide to the Community Infrastructure Levy (PDF, 175 KB)
Local Plan
CIL - 21 Chichester Local Plan Key Policies Pre- Submission 2014 - 2029 (PDF, 14 MB)
- Community Infrastructure Levy - guidance 2014 (opens new window)
- National Planning Policy Framework 2012 (opens new window)
- Localism Act 2011 (opens new window)
- Community Infrastructure Levy - An overview (opens new window)
- The Community Infrastructure Levy (Amendment) Regulations 2014 (opens new window)
To view any previous Community Infrastructure Levy documentation, please visit the Legislation (opens new window) website.
Contact us
For further information and advice email planningpolicy@chichester.gov.uk. Alternatively, you can phone us on 01243 785166.
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