PAS CIL Seminar
Leeds 7 January 2016
Implementing CIL
Mike Molyneux
Planning Policy Manager
Preston City Council
Location
Planning background
• Central Lancashire Core
Strategy – Joint CS
Preston, South Ribble &
Chorley Councils –
NPPF complian...
Planning background
Planning background
• Preston, South Ribble and
Lancashire City Deal II agreement
signed 2013 – delivery from March
2014
•...
CIL background
• Joint Examination of three Central Lancashire Charging Schedules
April 2013
• Approved charges:
– Residen...
Implementing CIL
• Lead in time to bring CIL into effect
– Ensure sufficient time to enable planning
applications that are...
Implementation Issues
• Know the regulations and keep up to date
– Amendments every year since Regulations
first published...
Some common questions
• Does CIL apply to garages?
• What about the roof space?
• Does CIL apply to a renewal of planning
...
Involving others
• Collecting CIL is a team activity
– Planning –
• ensuring the relevant forms are received at the
right ...
Involving others
– Revenues – collection
– Finance – accounting for CIL & distribution of
share to Local Councils
– Legal ...
Spending CIL
• Regulation 123 list
– Be clear about what goes on the list – get
agreement early for Infrastructure Deliver...
Appeals
• Seven grounds
– Four to VOA;
• Appeal against the chargeable amount or failure to
notify
• Appeal against apport...
Appeals
• Seven grounds
– Three to PINS
• Surcharge
• Deemed commencement
• CIL stop notice
Appeals
• Two appeals so far in Preston
• Both by householders
• Both against deemed date of
commencement
• PINS appeals b...
Appeals
• Appeal 1 (APP/N2345/L/14/1200007)
– Large extension incorporating a swimming
pool – Allowed on appeal dated 3.10...
Appeals
• Appeal 1
• Inspector concluded that it was clear that
work had commenced before February
2014
• Appeal was made ...
Appeals
• Appeal 2 (APP/N2345/L/14/1200019)
– First planning permission granted August
2011 for erection of a detached dwe...
Appeals
• Appeal 2
– Appellant argued that the demand notice
issued by the authority was incorrect as it
referred to the F...
Appeals
• Appeal 2
– Paragraph ID 25-007-20140612 of the
Planning Practice Guidance: developers can
amend a condition atta...
Appeals
• Appeal 2
– No claim for a self-build exemption
– Inspector concluded that given the timing of
commencement it wa...
Implementing CIL
Any Questions
??
Preston Implementing CIL Jan 2016 – Mike M
Preston Implementing CIL Jan 2016 – Mike M
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Preston Implementing CIL Jan 2016 – Mike M

-Preston Implementing CIL Jan 2016 – Mike M
Published on: Mar 4, 2016
Published in: Government & Nonprofit      
Source: www.slideshare.net


Transcripts - Preston Implementing CIL Jan 2016 – Mike M

  • 1. PAS CIL Seminar Leeds 7 January 2016 Implementing CIL Mike Molyneux Planning Policy Manager Preston City Council
  • 2. Location
  • 3. Planning background • Central Lancashire Core Strategy – Joint CS Preston, South Ribble & Chorley Councils – NPPF compliant • Joint Advisory Committee • LCC had observer status throughout preparation • Infrastructure delivery plan and schedule formed basis for CIL draft Reg. 123 list
  • 4. Planning background
  • 5. Planning background • Preston, South Ribble and Lancashire City Deal II agreement signed 2013 – delivery from March 2014 • Ambition – Grow local economy £1bn – 20,000+ new jobs – 17,000 new homes – Highway, transport and community infrastructure • CIL receipts factored into infrastructure delivery • Central Lancashire Advisory Committee is an important part of Governance arrangements. LCC has full member status for City Deal related issues
  • 6. CIL background • Joint Examination of three Central Lancashire Charging Schedules April 2013 • Approved charges: – Residential £65 psm (Inner Preston Zone £35 psm and apartments £nil) – Convenience retail store £160 psm – Retail warehouse, retail park and neighbourhood convenience store £40psm – All other uses £nil • CIL came into effect in Preston on 30 September 2013
  • 7. Implementing CIL • Lead in time to bring CIL into effect – Ensure sufficient time to enable planning applications that are in the system to be determined – CIL will come as a surprise to developers, particularly for development where no S106 requirements – Key issues to determine lead in time: • Range of uses included in CIL charging schedule • Prioritise applications
  • 8. Implementation Issues • Know the regulations and keep up to date – Amendments every year since Regulations first published in 2010 • Familiarisation with the forms – Planning Portal website & PPG • Don’t underestimate how much developers/applicants will not know • CIL is time consuming
  • 9. Some common questions • Does CIL apply to garages? • What about the roof space? • Does CIL apply to a renewal of planning permission first granted before the charging schedule came into effect? • Part of a site is sold to another developer after pp and before commencement– who is responsible for apportioning the CIL?
  • 10. Involving others • Collecting CIL is a team activity – Planning – • ensuring the relevant forms are received at the right time: • Two developers in Preston who did not send a commencement notice before starting on site • Timely response to claims for exemption/relief • Co-ordinating collection and spend • Reporting
  • 11. Involving others – Revenues – collection – Finance – accounting for CIL & distribution of share to Local Councils – Legal – chasing up debts
  • 12. Spending CIL • Regulation 123 list – Be clear about what goes on the list – get agreement early for Infrastructure Delivery Plan – Be precise about describing infrastructure on the list, by type and location – SSCLG appeal decision at Warton, Fylde re education provision (Land at Blackfield End Farm, Church road, Warton, 2217060)
  • 13. Appeals • Seven grounds – Four to VOA; • Appeal against the chargeable amount or failure to notify • Appeal against apportionment of liability • Appeal against a decision regarding charitable relief • Appeal against a decision on exemption for an extension or self build
  • 14. Appeals • Seven grounds – Three to PINS • Surcharge • Deemed commencement • CIL stop notice
  • 15. Appeals • Two appeals so far in Preston • Both by householders • Both against deemed date of commencement • PINS appeals by written reps & dealt with by enforcement team
  • 16. Appeals • Appeal 1 (APP/N2345/L/14/1200007) – Large extension incorporating a swimming pool – Allowed on appeal dated 3.10.2013, over de minimis and development commenced in February 2014 before amendment regulations introduced exemptions for extensions. – Appellant tried to claim work had not started and therefore should be allowed to benefit from exemption
  • 17. Appeals • Appeal 1 • Inspector concluded that it was clear that work had commenced before February 2014 • Appeal was made on 19 February 2014. Decision issued 5th June 2014.
  • 18. Appeals • Appeal 2 (APP/N2345/L/14/1200019) – First planning permission granted August 2011 for erection of a detached dwelling –not implemented – Second permission granted 4.2.14; in August 2014 S73 permission to vary a condition granted – Liability for CIL not disputed
  • 19. Appeals • Appeal 2 – Appellant argued that the demand notice issued by the authority was incorrect as it referred to the February 2014 permission rather than the August 2014 S73 permission – Appellant had provided evidence that the development had commenced in June 2014
  • 20. Appeals • Appeal 2 – Paragraph ID 25-007-20140612 of the Planning Practice Guidance: developers can amend a condition attached to a planning consent under s73 of the Act. If the s73 permission does not change the liability to the levy, only the original consent will be liable. If the s73 permission does change the levy liability, the most recently commenced scheme is liable for the levy.
  • 21. Appeals • Appeal 2 – No claim for a self-build exemption – Inspector concluded that given the timing of commencement it was probable that it commenced pursuant to the February 2014 permission – Appeal made November 2014 & decision June 2015 – Appeal dismissed
  • 22. Implementing CIL Any Questions ??

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