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Public Document Pack DEVELOPMENT PLAN PANEL Meeting to be held in Civic Hall, Leeds, LS1 1UR on Monday, 14th January, 2013 at 1.30 pm MEMBERSHIP Councillors M Coulson C Campbell B Anderson T Leadley P Gruen C Fox R Harington J Lewis K Mitchell N Taggart (Chair) N Walshaw Agenda compiled by: Head of Forward Planning and Guy Close Implementation: Governance Services David Feeney Civic Hall Tel: 0113 24 74539 Tel: 0113 24 74356 Produced on Recycled Paper A G E N D A Item Ward Item Not Page No Open No 1 APPEALS AGAINST REFU SAL OF INSPECTION OF DOCUMENTS To consider any appeals in accordance with Procedure Rule 25 of the Access to Information Rules (in the event of an Appeal the press and public will be excluded) (*In accordance with Procedure Rule 25, written notice of an appeal must be received by the Head of Governance Services at least 24 hours before the meeting) 2 EXEMPT INFORMATION - POSSIBLE EXCLUSION OF THE PRESS AND PUBLIC 1 To highlight reports or appendices which officers have identified as containing exempt information, and where officers consider that the public interest in maintaining the exemption outweighs the public interest in disclosing the information, for the reasons outlined in the report. 2 To consider whether or not to accept the officers recommendation in respect of the above information. 3 If so, to formally pass the following resolution:- RESOLVED – That the press and public be excluded from the meeting during consideration of the following parts of the agenda designated as containing exempt information on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the press and public were present there would be disclosure to them of exempt information, as follows: Item Ward Item Not Page No Open No 3 LATE ITEMS To identify items which have been admitted to the agenda by the Chair for consideration. (The special circumstance shall be specified in the minutes). 4 DECLARATION OF DISCL OSABLE PECUNIARY AND OTHER INTERESTS To disclose or draw attention to any disclosable pecuniary interests for the purposes of Section 31 of the Localism Act 2011 and paragraphs 13-18 of the Members’ Code of Conduct. Also to declare any other significant interests which the Member wishes to declare in the public interest, in accordance with paragraphs 19-20 of the Members’ Code of Conduct. 5 APOLOGIES FOR ABSENC E To receive any apologies for absence. 6 MINUTES OF THE PREVI OUS MEETING 1 - 4 To approve as a correct record the minutes of the previous meeting held on 19 th December 2012 (Copy attached) 7 All Wards LEEDS COMMUNITY INFR ASTRUCTURE LEVY 5 - - PRELIMINARY DRAFT CHARGING SCHEDULE 224 To consider a report by the Director of City Development which provides an overview of the findings and recommendations of the Economic Viability Study undertaken by consultants GVA as the key evidence base for the development of the CIL for Leeds. (Report attached) 8 DATE AND TIME OF NEX T MEETING Date and time of next meeting - To be confirmed Item Ward Item Not Page No Open No Agenda Item 6 Development Plan Panel Wednesday, 19th December, 2012 PRESENT: Councillor N Taggart in the Chair Councillors B Anderson, M Coulson, C Fox, T Leadley and J Lewis 58 Declaration of Disclosable Pecuniary and Other Interests There were no declarations of interest. 59 Apologies for Absence Apologies for absence were received from Councillors: Harrington, Campbell, Gruen, Mitchell and Walshaw. 60 Minutes - 26th September 2012 RESOLVED - That the minutes of the previous meeting held on 26th September 2012 be accepted as a true and correct record. 61 Matters Arising Minute 48. Late Items – Affordable Housing Threshold Members questioned the progress made with regards to the wording in Policy H5. RESOLVED – That the Director of City Development be requested to provide an update at the next meeting Minute 52. LDF Core Strategy – Publication Draft, Analysis of Consultation Responses: Housing Policies H1 (Phasing), H2 (development on non allocated sites), H3 (Density), H4 (mix) and H8 (Independent Living) Members questioned the Policy H3 and what the logic behind and that it was essential that this policy was correctly drafted. RESOLVED – That the Director of City Development be requested to review the wording of policy H3. 62 Natural Resources & Waste Development Plan Document - Inspector's Report Draft minutes to be approved at the meeting to be held on Monday, 14th January, 2013 Page 1 The Director of City Development submitted a report presenting the Inspectors report which concluded the Natural Resources and Waste Development Plan Document (DPD) was sound and subsequently sought formal Adoption of the Plan by the City Council. Members welcomed the document commenting that this was a comprehensive report that would stand up to scrutiny. RESOLVED – (a) To note the Inspectors report; (b) To recommend to full Council that the Natural Resources and Waste Development Plan Document pursuant to Section 23 of the Planning and Compulsory Purchase Act 2004 be adopted. 63 Leeds Community Infrastructure Levy - Results from the Leeds Economic Viability Study The Director of City Development submitted a report which provided an overview of the findings and recommendations of the Economic Viability Study undertaken by consultants GVA as the key evidence base for the development of the CIL (Leeds Community Infrastructure Levy) for Leeds. Members considered the report in detail. Initially discussion took place on the size of houses being built and the links in terms of Council Tax Banding. Members gave consideration to the different map zones used for different purposes in planning policy. Officers confirmed that once the CIL was adopted that the zones used for affordable housing policy would be updated. Discussion also took place on the zoning of areas and how this had been arrived at. Members raised concern about developers’ desire to make profits and what if any influence they had on the CIL. At this point in the meeting Members views were invited on the following issues: 1) whether different rates should be set on the zoned basis as outlined in paragraph three of the report – Members agreed that this was the basis that the Preliminary Draft Charging Schedule should be proceeded with, including splitting the broad outer southern zone into two; 2) what the appropriate balance in setting the Leeds CIL should be and whether this rate of £10 below the rates in the Viability Study was appropriate – Members requested further explanation on this issue at the next Panel; 3) whether to set a nominal rate for all or some types of development which the Viability Study proposed as a zero charge – Members agreed that there should be a nominal charge; Draft minutes to be approved at the meeting to be held on Monday, 14th January, 2013 Page 2 4) Members views were invited on the detailed residential zone boundaries, in order to proceed with setting the OS map base for the Preliminary Draft Charging Schedule – Members accepted the principle of the five zones and their general extent but considered that there would be a need to look again at the exact boundaries at the next Panel; 5) Whether to have an Instalments Policy for phased payments of the CIL charge – Members agreed that this should be proceeded with subject to details of the instalments being brought back to the Panel. RESOLVED – (a) That the information relating to the Economic Viability Study for the Leeds Community Infrastructure Levy be noted (b) That a further report be received setting out the Preliminary Draft Charging Schedule and the related evidence base (c) That the Director of City Development be requested to action the views of Members raised at points 1 – 5 above. (Councillor Coulson left the meeting during discussion of this meeting at 2:45pm) 64 Date and Time of Next Meeting RESOLVED – To note, that the next meeting will take place on Monday 14 th January 2013 at 1.30pm in the Civic Hall, Leeds. Draft minutes to be approved at the meeting to be held on Monday, 14th January, 2013 Page 3 This page is intentionally left blank Page 4 Agenda Item 7 Report author: Lora Hughes 50714 Report of the Director of City Development Report to: Development Plan Panel Date: 14th January 2013 Subject: Leeds Community Infrastructure Levy – Preliminary Draft Charging Schedule Are specific electoral Wards affected? Yes No If relevant, name(s) of Ward(s): District Wide Are there implications for equality and diversity and cohesion Yes No and integration? Is the decision eligible for Call-In? Yes No Does the report contain confidential or exempt information? Yes No If relevant, Access to Information Procedure Rule number: Appendix number: Summary of Main Issues 1. Consultancy GVA were commissioned to provide the key piece of evidence for developing the Leeds Community Infrastructure Levy (CIL); a CIL Economic Viability Study. At Development Plan Panel on 19 th December 2012 GVA attended to present the Study’s recommendations. 2. The Study outlines recommended maximum viable rates at which the CIL could be charged for a range of uses in different locations across the District. However, in line with the CIL Regulations and guidance it is acknowledged that a Study for a District the size of Leeds is inevitably at a strategic level and will be to a certain extent theoretical. Therefore other evidence can be used to justify a variation from the Viability Study’s recommended rates. This other evidence is focused on historic Section 106 agreements signed and S106 monies received, and the infrastructure funding gap. This other data is set out in the background documents ‘Leeds Funding Gap: Justification for the CIL’ and ‘Leeds Historic S106 Data: Justification for the CIL.’ 3.