CIL Legal Update- Oliver Martin, RTPI West Midlands CPD


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14th November 2012

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CIL Legal Update- Oliver Martin, RTPI West Midlands CPD

  1. 1. CIL Legal UpdateRTPI West MidlandsWednesday 14th November 2012Oliver Martin, Partner, Irwin Mitchell LLP
  2. 2. CIL Legal Update1. Draft Regulations to amend CIL (Community Infrastructure Levy (Amendment) Regulations 2012)2. Differential rates within same use – Borough of Poole’s CIL examination3. Further amendments or reform?
  3. 3. Background to the proposed changes to the CIL Regulations• CIL Regulations 2010• CIL Amendment Regulations 2011• CIL – Detailed Proposals and draft regulations for reform – Consultation (October 2011)• Localism Act 2011 (s.114 and s.115)
  4. 4. Expectations relating to amendments to CIL Regulations• Meaningful proportion of CIL to neighbourhoods• Affordable Housing• Section 73 applications
  5. 5. Community Infrastructure Levy (Amendment) Regulations 2012• Bringing development granted consent under neighbourhood development orders within CIL charge (amendment to reg. 5)• Making replacement planning permissions granted under article 18 of TCP (Development Management Procedure) Order 2010 exempt from CIL charge (new reg. 128B inserted)• Amending the calculation of CIL to correct an error which meant that some development could have been overcharged (amendment to reg. 40)
  6. 6. Community Infrastructure Levy (Amendment) Regulations 2012• Amending calculation of social housing relief to correct an error (amendment to reg. 50)• Amendment to make provision for instalment periods where Mayor of London charges CIL in an area where London borough council does not (amendment to reg. 70)• Allowing CIL to be used on the maintenance and operational aspects of infrastructure – reflects s.115 of Localism Act 2010 (amendment to reg. 59)
  7. 7. Community Infrastructure Levy (Amendment) Regulations 2012“Section 73” Changes• Section 73 permissions granted before Amendment Regulations come into force still liable for CIL• Once Amendment Regulations are in force Section 73 permissions will still be liable but CIL liability: - likely to be £0; or - restricted to amount due on uplift in the consented development• Still problem for new permissions forming part of wider developments
  8. 8. Differential Rates with same use – eg Retail• Poole Draft Charging Schedule proposed a levy of £200 per sq.m. for retail stores over 3000 sq.m.• Examiner’s view that there was “insufficient fine grained evidence” to support the proposed differential rates• Nothing in the CIL Regulations to prevent differential rates for retail development of different scales
  9. 9. Future Amendments to CIL Regulations?• HBF, BPF and London First seeking reform• Government still looking at proportions of CIL for neighbourhoods
  10. 10. CIL Issues• Level of CIL combined with LPA requirements for s.106 – impact on development delivery due to viability issues• Lack of certainty in relation to the Regulation 123 list• Off-setting provisions relating to existing floor space – too limited in practical terms of bringing development forward