Issue - meetings

Community Infrastructure Levy Charging Schedule and Developer Contributions Supplementary Planning Document

Meeting: 08/12/2022 - Council (Item 53)

53 Community Infrastructure Levy Charging Schedule Adoption pdf icon PDF 331 KB

Cabinet, at its meeting on 10 November 2022, considered the report of the head of policy and programmes on a review of the Community Infrastructure Levy (CIL) Charging Schedule. Cabinet agreed to recommend a new charging schedule to Council which better reflected the different parts of the district and would provide essential funding for local infrastructure projects.

 

Scrutiny Committee considered the report at its meeting on 21 November 2022. Members expressed concern regarding how the schedule would capture a change from a CIL non-liable development to a CIL liable development on a particular site. The committee made the following recommendation:

 

That if a CIL exempt development is at a later date subject to planning amendment or change of use, and becomes a CIL liable development, then the CIL monies must be paid.

 

 

RECOMMENDATION: to

 

1.    adopt the Community Infrastructure Levy Charging Schedule (as set out at Appendix 1 to the head of policy and programmes’ report to Cabinet on 10 November 2022) and the Community Infrastructure Levy Instalments Policy (as set out at Appendix 2 to the same report), with implementation anticipated in early January 2023; and

 

2.    authorise the head of policy and programmes, in consultation with the Cabinet member for planning, to make any necessary further minor changes to the documents or a change to the implementation date for the new Community Infrastructure Levy rates.

 

Additional documents:

Minutes:

Council considered Cabinet’s recommendations, made at its meeting on 10 November, on a review of the Community Infrastructure Levy (CIL) Charging Schedule.

 

In introducing the item and moving Cabinet’s recommendations, Councillor Anne-Marie Simpson responded to Scrutiny Committee’s concern in respect of developments that were originally not liable for CIL but could change use to become CIL liable as expressed in the committee’s recommendation set out on the agenda for the Council meeting on 8 December 2022.

 

Councillor Simpson advised that officers had explored this issue and recommended a way forward. It was not possible to make additions to the CIL Charging Schedule because it had been through examination and Government guidance advises that generally, the charging schedule should not be amended after an examination until an authority chooses to undertake a full review and consult on a new schedule. In addition, changing the CIL Charging Schedule would not necessarily resolve the issue because the role of the Charging Schedule is to set CIL rates and not how CIL is applied which is set out in Regulations and Government guidance.

 

Whilst the CIL Charging Schedule could not be used to restrict permitted changes of use, where there are good planning reasons, measures to restrict the use of land can be captured in Section 106 agreements. Officers had therefore made a minor amendment to paragraph 1.11 of the revised Developer Contributions Supplementary Development Document to reflect this and require a developer to notify the council of a change of use to ascertain whether the development would be CIL liable or require infrastructure to be provided in the event of a change of use. Officers had also updated the CIL Frequently Asked Questions to reflect to provide further detail on how change of use applications would be handled in respect of CIL liability and clarify that, in some circumstances, such developments could become CIL liable.

 

A number of councillors expressed concern that the Scrutiny Committee had not reviewed the CIL Charging Schedule prior to Cabinet making recommendations to Council or as part of the consultation process and reiterated the concerns raised by the Scrutiny Committee in respect of change of use. The majority of councillors supported the recommendations welcoming the zoning proposals and the collection of higher rates.

 

 

RESOLVED: to

 

1.    adopt the Community Infrastructure Levy Charging Schedule (as set out at Appendix 1 to the head of policy and programmes’ report to Cabinet on 10 November 2022) and the Community Infrastructure Levy Instalments Policy (as set out at Appendix 2 to the same report), with implementation anticipated in early January 2023; and

 

2.    authorise the head of policy and programmes, in consultation with the Cabinet member for planning, to make any necessary further minor changes to the documents or a change to the implementation date for the new Community Infrastructure Levy rates.

 


Meeting: 10/11/2022 - Cabinet (Item 44)

44 Developer Contributions Supplementary Planning Document Adoption pdf icon PDF 504 KB

To consider the head of policy and programmes’ report. 

Additional documents:

Minutes:

Cabinet considered the head of policy and programmes’ report on a supplementary planning document for developer contributions. 

 

Alongside the review of the Community Infrastructure Levy Charging Schedule, this supplementary planning document would help the council to deliver infrastructure necessary to support development across the district, as set out in the South Oxfordshire Local Plan 2035.  It had been subject to public consultation, the results of which were appended to the report.  As the document did not include new policy, it was not subject to an examination in public by a planning inspector. 

 

Cabinet supported the adoption of the supplementary planning document, believing it to be well-written and informed by the consultation responses. 

 

RESOLVED to:

 

(a)    adopt the Developer Contributions Supplementary Planning Document; and

 

(b)    authorise the head of policy and programmes, in consultation with the Cabinet member for planning, to make any necessary further minor changes to the document. 


Meeting: 10/11/2022 - Cabinet (Item 43)

43 Community Infrastructure Levy Charging Schedule Adoption pdf icon PDF 331 KB

To consider the head of policy and programmes’ report. 

Additional documents:

Minutes:

Cabinet considered the head of policy and programmes’ report on a review of the Community Infrastructure Levy Charging Schedule.  A new charging schedule had been proposed, which was subject to public consultation and an examination by a planning inspector. 

 

The report recommended changes to the charging schedule to establish three new charging zones: zone one for the southernmost parishes, zone two for Berinsfield and Didcot, and zone three for the remainder of the district.  There were also separate rates for minor schemes, and separate rates for student accommodation, build-to-rent properties, supermarkets, and retail warehousing.  A separate rate was also introduced for flats and apartments in zone two. 

 

The planning inspector had concluded that the council had provided evidence that the new rates would not threaten delivery of the Local Plan but that they would provide an appropriate basis for the collection of Community Infrastructure Levy in South Oxfordshire.  The inspector recommended that the new charging schedule was adopted. 

 

Cabinet concurred.  The charging schedule introduced new zones that better reflected the different parts of the district.  The new charging schedule would also provide essential funding for local infrastructure projects. 

 

RECOMMENDED: to Council on 8 December 2022 to:

 

(a)    adopt the Community Infrastructure Levy Charging Schedule (as set out at Appendix 1 to the head of policy and programmes’ report to Cabinet on 10 November 2022) and the Community Infrastructure Levy Instalments Policy (as set out at Appendix 2 to the same report), with implementation anticipated in early January 2023; and

 

(b)    authorise the head of policy and programmes, in consultation with the Cabinet member for planning, any necessary further minor changes to the documents or a change to the implementation date for the new Community Infrastructure Levy rates. 


 

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