APPENDIX 2 Schedule of Representation Responses and Main Issues in Consultation Document Order
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APPENDIX 2 Schedule of Representation Responses and Main Issues in Consultation Document Order Paragraph Number General Comment ID CILPDCS64 Consultee Name and Housebuilders Consortium Consultee ID 647103 Organisation Agent Name and Organisation Mr Tom Fraser Agent ID 646541 Savills L & P Comments There are a number of matters which need to be addressed in the Draft Charging Schedule, notably Greater clarity and transparency is needed in regard to how the list of infrastructure has been arrived at, how the costs have been calculated and the potential sources of funding; Review of the infrastructure list to ensure there is no double charging and that all elements included comply with the legal definition of infrastructure; Outline the necessary supporting documentation to ensure the effective implementation and operation of CIL (for example policy on relief and instalments). Outline a draft Regulation 123 List for Infrastructure which appropriately balances the infrastructure needed to support development (for example greater funding toward highways and community measures directly associated with planned growth). Provide clarity on whether administration costs have been factored into the CIL rate and whether this is in the spirit of the Regulations and CLG guidance. These matters would help nurture confidence with the implementation of CIL. In addition, it is strongly recommended that in pursuing CIL the Borough Council: Permits relief (which HBC has acknowledged it will do) Re-runs the viability models with our assumptions Outlines a workable instalments policy based on site build out rates and not time Permits payments in kind to avoid strategic Greenfield sites effectively paying double. Main Issues • Need to review infrastructure planning evidence base • Set out a list of what infrastructure CIL will be spent on (Regulation 123 List) • An exceptional circumstances policy should be implemented • Instalments policy should be based on build out rates rather than time • Payments in kind should be permitted • No double counting of infrastructure Paragraph Number General Comment ID CILPDCS72 Consultee Name and McCarthy & Stone Retirement Consultee ID 646846 Organisation Lifestyles Ltd Agent Name and Organisation Mr David Williams Agent ID 497305 The Planning Bureau Ltd Comments In respect to future planning policy the Strategy is clear as to the level of importance to be given to an ageing society, stating; 'Recent reforms to the planning system require regional and local plans to take proper account of ageing and the needs of older people. Future planning policy reform will reflect the high priority we are giving to the challenge of ageing.' It is considered that in light of the Government Strategy guidance that it is appropriate for the Community Infrastructure Levy to have regard to this objective. My Client's response to the preliminary draft charging schedule on the introduction of the Community Infrastructure Levy are based on meeting the Government's objective, set out in the National Strategy, to ensure that sufficient specialist housing is delivered to meet the growing needs of an ageing population. Main Issues • Specialist older persons housing should be treated differently from normal residential development Paragraph Number General Comment ID CILPDCS101 Consultee Name and Mr Dominic Lawson Consultee ID 489173 Organisation Threadneedle Pensions Ltd Agent Name and Organisation Mr Dominic Lawson Agent ID 478925 Dominic Lawson Bespoke Planning Ltd Comments Threadneedle has an interest in responding to Chelmsford Borough Councils consultation on the Preliminary Draft Charging Schedule for the Community Infrastructure Levy (CIL) as a major landowner in the Borough, ie. the Boreham Airfield site that lies partly within the North Chelmsford Area Action Plan (NCAAP) area. The site is currently being worked for gravel extraction and also includes other buildings in use by the police and ambulance services Threadneedle is concerned to ensure that the proposed levy is robustly justified and viable in all circumstances, and would be happy to participate in any future workshops to contribute its experience and expertise. Main Issues • CIL rates must be justified and viable Paragraph Number General Comment ID CILPDCS106 Consultee Name and Mrs Sue Bull Consultee ID 311100 Organisation Anglian Water Agent Name and Organisation Agent ID Comments I would not expect there to be provision within the CIL for wastewater infrastructure. We would be pleased to engage in further discussion should you want to give further consideration to wastewater infrastructure inclusion. Main Issues • Wastewater infrastructure is not expected to funded through CIL Paragraph Number General Comment ID CILPDCS111 Consultee Name and Mrs Elisabeth Blyth Consultee ID 308536 Organisation Danbury Parish Council Agent Name and Organisation Agent ID Comments Danbury Parish Council has no comments to make at this stage. Main Issues • None 2 Paragraph Number General Comment ID CILPDCS112 Consultee Name and Mr Glenn Whellams Consultee ID 309629 Organisation Essex County Fire & Rescue Service Agent Name and Organisation Agent ID Comments No observations to make at this time. Main Issues • None Paragraph Number 1.4 Comment ID CILPDCS91 Consultee Name and Inland Homes Ltd Consultee ID 648111 Organisation Agent Name and Organisation Mr Matt Corcoran Agent ID 647087 Inland Homes Comments We are grateful for the opportunity to comment on this Preliminary Drafting Schedule. However, paragraph 1.4 states that a Developer forum took place within the months of November and December 2011. Inland Homes were not invited to either presentation which is very disappointing given our site ownership status of the strategic St Johns Hospital site and the pre application commentary we were receiving during these months. Main Issues • Pre-consultation should have been wider Paragraph Number 2.2 Comment ID CILPDCS61 Consultee Name and Housebuilders Consortium Consultee ID 647103 Organisation Agent Name and Organisation Mr Tom Fraser Agent ID 646541 Savills L & P Comments Greater clarity is needed regarding the items which the Council considers will be funded through S106. At present, the uncertainty makes it difficult to assess the impact of CIL. Main Issues • Set out a list of what infrastructure CIL will be spent on (Regulation 123 List) Paragraph Number 2.2 Comment ID CILPDCS97 Consultee Name and Mr Keith Blackburn Consultee ID 311146 Organisation Essex County Council Agent Name and Organisation Agent ID Comments Para 2.2: - This should make it clear that pooling of up to five planning obligations/financial contributions will remain acceptable Main Issues • Clarification on future pooling of Section 106 contributions required 3 Paragraph Number 2.6 Comment ID CILPDCS28 Consultee Name and Mr Gary Duncan Consultee ID 488925 Organisation Countryside Properties PLC Agent Name and Organisation Agent ID Comments We welcome the clarity expressed at para. 2.6 that proposals with planning permission will not be liable for CIL; also that applications for the approval of reserved matters will be exempt. Main Issues • Developments with planning permission are not liable for CIL Paragraph Number 2.7 Comment ID CILPDCS23 Consultee Name and Persimmon Homes Essex Consultee ID 646628 Organisation Agent Name and Organisation Mrs Gabrielle Rowan Agent ID 396131 Pegasus Planning Group Comments Additional clarification is required from the Council in relation to what will be funded by CIL and what will still be included in the site-specific Section 106 agreements. It is necessary to ensure that there is no double counting in relation to education provision or healthcare provision. If these are to be included within strategic projects it should be made clear that additional financial contributions will not be requested for the provision of these as part of any Section 106 agreement. In paragraph 2.7, it is clear that where a new school or new healthcare provision is required as a direct result of a development, these will not be covered by CIL but included as part of the site-specific Section 106. However, the costs associated with the provision of this strategic infrastructureshould be taken into account when calculating the level of CIL required for such a development resulting in a possible reduction in CIL taking into account the significant site-specific improvements. Main Issues • Set out a list of what infrastructure CIL will be spent on to ensure no double counting (Regulation 123 List) • Site related infrastructure should be taken into account when setting the CIL Paragraph Number 2.7 Comment ID CILPDCS29 Consultee Name and Mr Gary Duncan Consultee ID 488925 Organisation Countryside Properties PLC Agent Name and Organisation Agent ID Comments We also welcome the on-going role that Section106 agreements will have in dealing with site-related infrastructure (paras. 2.2 and 2.7 refer). Main Issues • Welcome on-going role of Section 106 4 Paragraph Number 2.8 Comment ID CILPDCS55 Consultee Name and Housebuilders Consortium Consultee ID 647103 Organisation Agent Name and Organisation Mr Tom Fraser Agent ID 646541 Savills L & P Comments With regard to the relationship with Section 106 the CIL Charging Schedule should be clear that double counting of Section 106 contributions and CIL is not permitted by law The key tests of CIL Regulation 122 should be outlined within the supporting documentation. In practical terms, owing to the need to publish a Regulation 123 List, it is likely that only site specific