Central

Bedfordshire

Council

CIL

DLP BRIEFING NOTE 218

Prepared by DLP Planning Ltd

July 2015

DLP Planning Ltd

Bedford

Bristol Cardiff Leeds London

Milton Keynes Nottingham Rugby Sheffield

Disclaimer

DLP Consulting Group Ltd, and its constituent companies disclaims any responsibility to the client and others in respect of matters outside the scope of this Report. This Report has been prepared with reasonable skill, care and diligence, is the property of DLP Consulting Group, and is confidential to the client, DLP Consulting Group Ltd accepts no responsibility of whatsoever nature to third parties, to whom this report has been provided.

Central Bedfordshire Council Executive Committee on the 31st March voted through the latest viability report recommending the CIL charging rates for residential and non-residential schemes in Central Bedfordshire. This sets out the draft charging schedule and Regulation 123 list to enable them to publish the document for consultation with a view to submission to the Secretary of State for Examination prior to formal adoption.

In doing so Officers were given delegated powers to agree changes to the buffers and other minor changes, future exemptions and payment plan timeframes following consultation and Examination where necessary.

Council has now published a Draft Charging Schedule and supporting documents for public consultation subject to approval of Full Council from the 13th July until the 24th August 2015.

CIL charges are a fixed, non-negotiable and enforceable land development tax. The charges are based on the size of the proposed development or changes above that which exists and are expressed as a charge per square metre of net additional floor space created.

The CIL Regulations 2010 (Amended in 2011 and 2012) set out the national requirements for CIL and as of the 6th April 2015 Central Bedfordshire will be restricted to the number of infrastructure funding practices currently secured under S.106 legal agreements until CIL is formally adopted. Therefore, post Easter, S.106 agreements will be focussed on the specific mitigation required by site specific development, whereas CIL will act as a wider levy to address the broader impacts of development.

The Regulation 123 List clarifies the types of infrastructure that will be secured by CIL. This list will be updated, as certain projects or priorities are met, or where circumstances change. Any review or change to this list would require further consultation at a local level.

The preliminary draft Charging Schedule has been subject to previous consultation, whereby representations received challenged the rates as too high. As such the Council has re-commissioned a viability assessment to review the proposed charges. The revised schedule also now takes into consideration the important Sustainable Urban Extensions, which deliver their own infrastructure.

The Charging Schedule identifies the maximum rate on the margin of what is viable to enable development allowing a 30% buffer. The schedule also includes a map which splits the District up into 4 separate charging areas.

The draft charging Schedule outlines the following rates for residential development:

. Less than 10 dwellings in Value Area A - £330/sqm . Other residential development in Value Area A - £130/sqm . Less than 10 dwellings in Value Area B - £245/sqm . Residential development in Value Area B - £75/sqm . Less than 10 dwellings or fewer in Value Area C - £135/sqm . Residential development in Value Area C - £40/sqm . Elderly Accommodation - £0/sqm . Residential Strategic Urban Extensions- £0/sqm

The draft Charging Schedule outlines the following rates for non-residential development:

. Out of centre convenience of below 280 sqm trading area £40/sqm . Larger convenience retail including supermarkets £85/sqm . Out of centre comparison retail/retail warehouse £50/sqm . All other uses including town centre retailing £0/sqm

The Council has also revised its Planning Obligations Supplementary Planning Document (SPD). This is due to the existing documents (for the North and South) being tariff based, which as of the 6th April this year would restrict the amount of obligations the Council could draw upon. The CIL Regulations 2010 (as amended) prevent the pooling of S106 obligations towards an infrastructure project or ‘type’, where five or more such obligations have been entered into on or after 6 April 2010.

To be clear, no more than five obligations can be pooled in order to deliver a ‘type’ or specific piece of infrastructure. Therefore the revised SPD will go out to consultation at the same time as the CIL Charging Schedule.

The timetable moving forward is as follows:

. Public Consultation (Regulation 16) 13th July – 24th August 2015 . Make any changes required – August/September 2015 . Submit to SOS – Autumn 2015 . Examination – Late 2015

. Adoption – Early 2016

DLP Planning Ltd is an accredited agent with Central Bedfordshire Council and has considerable knowledge of planning matters. Senior staff within the practice are well versed with the planning process and policy changes, which allows us to deliver the best results for our clients. If you require any further advice regarding the above, please do not hesitate to contact one of the offices listed below. Senior staff within the practice would be very happy to assist you with regards to your enquiry.

If you require more information or would like to discuss the issues mentioned in further detail please contact:

Bedford Leeds

4 Abbey Court Princes Exchange

Fraser Road Princes Square

Priory Business Park Leeds

Bedford LS1 4HY

MK44 3WH T 0113 280 5808

T 01234 832 740

F 01234 831 435 London The Green House Bristol 41-42 Clerkenwell Green Unit 1 Blenheim Court London Beaufort Office Park EC1R 0DU Woodlands T 020 3761 5390 Bradley Stoke Bristol Milton Keynes BS32 4NE Midsummer Court T 01454 410 380 314 Midsummer Boulevard F 01454 410 389 Milton Keynes MK9 2UB

T 01908 440015 Cardiff F 01908 357750 Sophia House

28 Cathedral Road

Cardiff Sheffield CF11 9LJ Ground Floor T 029 2064 6810 V1 Velocity Building

Tenter Street

East Midlands Sheffield 1 East Circus Street S1 4BY Nottingham T 0114 228 9190

NG1 5AF F 0114 272 1947

T 01158 966620

BEDFORD 4 Abbey Court Fraser Road Priory Business Park Bedford MK44 3WH

t 01234 832 740 f 01234 831 435 [email protected]

BRISTOL Unit 1 Blenheim Court Beaufort Office Park Woodlands Bradley Stoke Bristol BS32 4NE

t 01454 410 380 f 01454 410 389 [email protected]

. CARDIFF 28 Cathedral Road Cardiff CF11 9LJ

t 029 2064 6810 [email protected]

EAST MIDLANDS 1 East Circus Street Nottingham NG1 5AF

t: 01158 966620 [email protected]

LEEDS Princes Exchange Princes Square Leeds LS1 4HY

f 0113 280 5808 [email protected]

LONDON The Green House 41-42 Clerkenwell Green London EC1R 0DU

f 020 3761 5390 [email protected]

MILTON KEYNES Midsummer Court 314 Midsummer Boulevard Milton Keynes MK9 2UB

t 01908 440015 f 01908 357750 [email protected]

SHEFFIELD Ground Floor V1 Velocity Building Tenter Street Sheffield S1 4BY

t 0114 228 9190 f 0114 272 1947 [email protected]