Agenda item

Decision:

RECOMMENDED:      1. That the Borough Council adopts a CIL Charging Schedule as amended by the Examiner.

2. A formal start date for CIL is set as 15 February 2017

3. The Borough Council agrees to have a policy which allows for payment in kind to be accepted.

4. The provisions for the collection and operation of CIL are noted.

5. The Borough Council works towards a method of CIL governance as outlined in Appendix 4 to this report.

6. Delegated authority is given to the Executive Director - Planning and Environment in consultation with the Portfolio Holder for Development to set up arrangements for CIL governance having regard to the Preferred Option.

Reason for Decision

In order to implement CIL in the Borough

 

Minutes:

Cabinet consider the report which covered three subjects:

  • The CIL Examination in September and the outcomes
  • The implementation of CIL
  • Possible mechanisms for deciding how to allocate funds raised from CIL

The CIL Examiner had reported and concluded that with specified modifications the Borough Council could implement a CIL Charging Schedule.  His modifications included the requirement that the proposed CIL of £10m2 in King’s Lynn be reduced to £0m2 having regard to the values found in the town.

 

Progress on the operation of a CIL was outlined showing the process of integrating CIL into our current systems to ensure liability to pay and the mechanisms to collect CIL were adequate. A start date for liability to pay CIL was proposed as 15 February 2017.

 

A preferred mechanism of a new Task Group recommending to Cabinet for the CIL spend was proposed. Discussions and consideration of the requirements and requests of other bodies were built in to the process.

 

In response to a question on the straddling of the charging zones of the Knight’s Hill Site, the LDF Manager explained that the zones were in line with parish boundaries.  With regard to the issue of State Aid referred to in the Inspector’s report, he confirmed that legal advice had been taken which meant the Council believed it was compliant.

 

Under Standing Order 34, Councillor Pope spoke against the high level of CIL to be charged in some areas.  He asked whether the applications which were completed by February would be subject to CIL, whether the distribution of CIL money would be clear, and whether there would be a time limit by which any CIL money would have to be spent by parishes before it was withdrawn.

 

The LDF Manager explained that the timescale related to the date the permission was finalised and granted so if completed before 15 February they would not be liable.  He further explained that there were s106 agreements in the mix at the moment, and there would still continue to be so after CIL was introduced.  He confirmed there was no “use by” date for CIL money raised, although there were clear requirements on the accounting for the spend.

 

Cabinet debated the issue of developers being able to budget against CIL levels better than some S106 agreements.  The question of it being a further tax on developers which could potentially bankrupt some builders if the economy took a down turn was also raised, but it was noted that the costs were known up front before development.

 

It was also noted that the Council could choose to review its CIL scheme, but the whole process would have to be started again.

 

RECOMMENDED:      1)         That the Borough Council adopts a CIL Charging Schedule as amended by the Examiner.

2)         That a formal start date for CIL is set as 15 February 2017.

3)         That the Borough Council agrees to have a policy which allows for payment in kind to be accepted.

4)         That the provisions for the collection and operation of CIL are noted.

5)         The Borough Council works towards a method of CIL governance as outlined in Appendix 4 to the report.

6)         That delegated authority be given to the Executive Director - Planning and Environment in consultation with the Portfolio Holder for Development to set up arrangements for CIL governance having regard to the Preferred Option.

Reason for Decision

In order to implement CIL in the Borough

 

Supporting documents: