West Oxfordshire District Council - Issue - items at meetings - Community Infrastructure Levy (CIL) Draft Charging Schedule

Purpose:

To recommend that the Council approves a new draft CIL charging schedule for the purpose of public consultation prior to submission for independent examination.

Recommendations:

That the Executive resolves to:

1. Approve the Community Infrastructure Levy Draft Charging Schedule (DCS) attached at Annex A for the purposes of a six-week period of public consultation in accordance with the Community Infrastructure Levy Regulations 2010 (as amended);

2. Delegate authority to the Planning Policy Manager to make any minor factual/typographical amendments to the CIL Draft Charging Schedule (DCS) following consultation with the Executive Member for Planning and Sustainable Development, prior to publication;

3. Recommend to Council to delegate authority to the Planning Policy Manager to submit the CIL charging schedule for independent examination in accordance with the Community Infrastructure Levy Regulations 2010 (as amended) including any minor modifications, following consultation with the Executive Member for Planning and Sustainable Development, subject to there being no significant issues raised during the six-week consultation period;

4. Ensure that appropriate mechanisms are put in place to enable Town and Parish Councils to meaningfully contribute with regard to potential Section 106 planning obligations when these are being negotiated.

Councillor Andy Graham, Leader of the Council, introduced the report, which recommended Council approve a new draft CIL charging schedule for the purpose of public consultation prior to submission for independent examination.

The Leader stated that the public consultation on the CIL charging schedule would run between 16 August 2024 and 27 September 2024, to allow extra time for responses to be submitted over the summer holiday period, in addition to the statutory 4-week period.

Chris Hargraves, Planning Policy Manager, was invited by the Leader to give an overview of the report. The Planning Policy Manager detailed the robustness of the charging schedule that had been formulated by external consultants, and detailed the simplicity of the charging schedule as set out in the report.

In debate, the Executive highlighted the impact of the Draft Charging Schedule on Town and Parish Councils and how the schedule would impact ‘strategic’ sites in relation to development. The Planning Policy Manager acknowledged the requirement for discussions with Town and Parish Councils surrounding Section 106 agreements as a part of the forthcoming consultation.

At the invitation of the Leader, Councillor Julian Cooper queried which parishes would be involved in discussions regarding strategic sites and non-residential developments. The Planning Policy Manager stated that non-residential development exemptions stemmed from a viability report received in relation to the charging schedule, and the consultation would provide opportunities for non-residential development to be examined as part of the schedule. The Planning Policy manager also confirmed that discussions relating to the schedule would take place with Town and Parish Councils who were deemed to be most affected, including Eynsham and Hailey Parish Councils, as well as Chipping Norton & Witney Town Councils.

Councillor Dan Levy urged the Executive to work constructively with external partners, in particular Oxfordshire County Council.

Councillor Andy Graham proposed that the Executive agree to the recommendations as listed on the report. This was seconded by Councillor Hugo Ashton, was put to a vote, and was unanimously agreed by the Executive.

The Executive Resolved to:

Approve the Community Infrastructure Levy Draft Charging Schedule (DCS) attached at Annex A for the purposes of a six-week period of public consultation in accordance with the Community Infrastructure Levy Regulations 2010 (as amended);
Delegate authority to the Planning Policy Manager to make any minor factual/typographical amendments to the CIL Draft Charging Schedule (DCS) following consultation with the Executive Member for Planning and Sustainable Development, prior to publication;
Recommend to Council to delegate authority to the Planning Policy Manager to submit the CIL charging schedule for independent examination in accordance with the Community Infrastructure Levy Regulations 2010 (as amended) including any minor modifications, following consultation with the Executive Member for Planning and Sustainable Development, subject to there being no significant issues raised during the six-week consultation period;
Ensure that appropriate mechanisms are put in place to enable Town and Parish Councils to meaningfully contribute with regard to potential Section 106 planning obligations when these are being negotiated.

Purpose:

To consider a draft CIL charging schedule which has been prepared in response to updated viability evidence.

Recommendations:

The Committee notes the report and agrees any recommendations it wishes to make to the Executive on 22 July 2024.

The Executive is recommended to:

1. Approve the Community Infrastructure Levy Draft Charging Schedule (DCS) attached at Annex A for the purposes of a six-week period of public consultation in accordance with the Community Infrastructure Levy Regulations 2010 (as amended);

2. Delegate authority to the Planning Policy Manager to make any minor factual/typographical amendments to the CIL Draft Charging Schedule (DCS) following consultation with the Executive Member for Planning and Sustainable Development, prior to publication;

3. Recommend to Council to delegate authority to the Planning Policy Manager to submit the CIL charging schedule for independent examination in accordance with the Community Infrastructure Levy Regulations 2010 (as amended) including any minor modifications, following consultation with the Executive Member for Planning and Sustainable Development, subject to there being no significant issues raised during the six-week consultation period; and

4. Ensure that appropriate mechanisms are put in place to enable Town and Parish Councils to meaningfully contribute with regard to potential Section 106 planning obligations when these are being negotiated.

The Principal Planning Officer introduced the report that considered a draft CIL charging schedule which had been prepared in response to updated viability evidence. The report summarised the main outcomes of the viability work and the updated draft CIL charging schedule.

It was explained that the Community Infrastructure Levy (CIL) was a charge that may be levied on most forms of development to help fund infrastructure. Despite several previous public consultations, CIL had not been adopted in West Oxfordshire and therefore last year, Members agreed that fresh viability evidence should be commissioned with a view to public consultation taking place on a new CIL draft charging schedule. That viability evidence has now been completed and a new draft charging schedule has been prepared. Details of the various charges were set out in the report.

The Principal Planning Officer answered questions from Members and the following points were to be noted:

· A pragmatic approach would be taken as set out in the report.

· Once the Infrastructure Plan was complete there would be collaboration with other Councils on larger projects.

· CIL was not negotiated on an application by application basis; Section 106 was negotiable.

· Rates were based on viability and it was advised a pragmatic approach be taken.

· There were discussions in the past with other local authorities and that would happen again in due course and rates were very similar amongst them.

· CIL was capped at 15% if no Local Plan in place; 25% if a Local Plan was in place. It was a complex mechanism and Officers would need to come back to Members on that point; however, the broad understanding was that it was capped on the number of properties which was 110 per existing on that dwelling.

· An Infrastructure Development Plan (IDP) was due to update the funding gap analysis and would help close the infrastructure funding gap.

· There would be an update of all the categories and money expected in the funding gap analysis and the funding statement.

· In regards to point 3.4 on page 89 of the pack the developments listed at nil and that due to it being based on viability. Whilst assessing viability it was looked at as a whole and there were a number of variations.

· Neighbourhood plans allowed for Towns and Parishes to decide what infrastructure they would like to see and identify a level of need in the community.

· CIL was based on a viability exercise and it was recommended by CIL experts that it was not charged on strategic development sites.

· It was an umbrella term was listed in section 3.2 and strategic sites would be clarified planning officers were happy to work with Parish Councillors on their neighbourhood plans and also on the proposed policies which would also be further clarified in the table.

RESOLVED that the Committee AGREED:

1. To Note the Community Infrastructure Levy (CIL) Draft Charging Schedule.

Issue - meetings

Community Infrastructure Levy (CIL) Draft Charging Schedule

Meeting: 22/07/2024 - Executive (Item 206)

Meeting: 17/07/2024 - Overview and Scrutiny Committee (Item 25)

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