The document provides an overview of the Community Infrastructure Levy (CIL) and recent changes affecting its implementation and the use of Section 106 agreements. CIL is a mechanism for developer contributions intended to fund infrastructure to support development. Recent regulations have limited the pooling of Section 106 contributions and emphasized the primary use of CIL over Section 106 except for site-specific mitigation. Case law updates examined issues around evidence requirements regarding pooling restrictions and the definition of infrastructure projects.
Your approach to the on-going use of S106 and S278 impacts on: Viability evidence, Infrastructure evidence and the Regulation 123 list - so it's very important!
Your approach to the on-going use of S106 and S278 impacts on: Viability evidence, Infrastructure evidence and the Regulation 123 list - so it's very important!
What you need to know: Implementation is technically more complicated than developing a charging schedule; the 2014 regulations have introduced some useful amendments;
a number of policies are discretionary and require a decision to ‘turn on’ and there is little in the regulations regarding how to spend CIL.
When setting CIL rates it is important to understand CIL in context. You are required to consider your infrastructure funding requirements and what contribution CIL will make. Whilst CIL is an important source of funding for infrastructure, it is just one of many funding mechanisms.
Approaching decisions on minerals and waste applications (May 2014) PAS_Team
We've prepared a presentation on Planning for Minerals and Waste with the NPPF. It's quite long, please take the bits that you think are most appropriate. - See more at: http://www.pas.gov.uk/web/pas1/councillors-page/-/journal_content/56/332612/15306/ARTICLE#sthash.i34RUFsl.dpuf
Community infrastructure levy – where are we now?
Katherine Hall
Public sector equality duty (PSED)
Anja Beriro
Publishing compliance data on payment of invoices
Alex Kynoch
Overage clauses and drafting issues
Kasra Powles
Developer Payments Community Infrastructure Levy & ViabilityPAS_Team
These seminars are particularly designed for councillors (in England) but officers who wish an overview of developer payments in light of a significant legislation and guidance changes over the last few years should find it beneficial. - See more at: http://www.pas.gov.uk/events/-/journal_content/56/332612/6555744/ARTICLE#sthash.NIWWOLkl.dpuf
Developer Payments- Community Infrastructure Levy, S106 agreements and Viabil...PAS_Team
With less than a year until local authorities will be unable to pool (five or more) s106 obligations for a single project or scheme there is an immediacy for many to get a CIL in place. This presentation will help you to understand the relevance of viability and it will help you to understand the role for the Community Infrastructure Levy and other developer payments.
The Productivity Commission has released a draft report into the processes that New Zealand’s fastest growing cities use to provide land for housing. The report finds that more could be done to enable cities to accommodate growing populations and includes 38 draft recommendations.
A presentation by SMART Infrastructure Facility Senior Research Fellow Joe Branigan to the International Symposium For Next Generation Infrastructure, Vienna, 30 September - 1 October 2014.
Infrastructure Levy Technical Consultation (Workshop 2 Spending the levy and ...PAS_Team
Infrastructure Levy Technical Consultation (Workshop 2 Spending the levy and delivering infrastructure) - A copy of the presentation given by DLUHC at a PAS workshop
Financiang Infrastructural Development in ZimbabweVincent Mutsvene
There are 88,100 km of classified roads in Zimbabwe, 17,400 km of which are paved .About 5 percent of the network is classified as primary roads and has some of the most trafficked arterials that link Zimbabwe with its neighbors. A portion of the Pan-Africa Highway passes through Zimbabwe. This part of the road network plays a major role in the movement of the country’s imports and exports as well as transit freight.
However lately due to fiscal constraints and budgetary ills, the road network has rapidly deteriorated and can be described as in intensive care. There is need for rehabilitation, maintenance and construction of new roads especially the Beitbridge- Chirundu highway ( a transit corridor) linking South Africa and the upper parts of Africa. Road carnage have been prevalent and the busy road is narrow and can not contain the level of traffic flow operating there.
A developmental Imperative therefore presents itself on how to finance the road construction against compiling government developmental initiatives. A financing mechanism is therefore proposed in this presentation. This Innovative finance model ensure private capital investments funding development against government financing. This provides a breather to the government as they focus on other initiatives and the private sector wins through greater financial and social returns inherent in these financing structures.
Information for Cuyahoga County applicants to the State Infrastructure Programs
This presentation was shown at workshops on July 23 and 24, 2018.
http://www.countyplanning.us/services/grant-programs/infrastructure-programs/
Joe Branigan, SMART Infrastructure Facility Senior Research Fellow, presented his research on public infrastructure investment as part of the SMART Seminar Series on Thursday, 4th February 2015.
So you want to apply for the Planning Skills Delivery Fund PAS Events August ...PAS_Team
So you want to apply for the Planning Skills Delivery Fund?
The Planning Skills Delivery Fund (PSDF) will provide £24 million over two years to local authorities to help with clearing backlogs of planning applications and prepare for the implementation of proposed planning reform. It's part of a wider programme of work designed to address the capability and capacity of planning services. Local planning authorities can apply for funding for up to £100,000, which can be used to hire additional planning officers and other specialist resources.
Planning Advisory Service recently held two events to help councils think about whether to apply and if they needed to find time over the Summer to make an application. Here is the presentation with all you need to know about the fund.
Presentation from Dan Knowles, Planning Policy Officer at Guildford Borough Council on their approach to adopted 20% biodiversity net gain in their Local Plan
PAS Natural England Biodiversity Net Gain update 18_04_23PAS_Team
Nick White, Principal Adviser - Net Gain from Natural England provided an update on the latest on Biodiversity Net Gain to an audience of over 500 on 18 April 2023.
This session provides a comprehensive overview of the latest updates to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly known as the Uniform Guidance) outlined in the 2 CFR 200.
With a focus on the 2024 revisions issued by the Office of Management and Budget (OMB), participants will gain insight into the key changes affecting federal grant recipients. The session will delve into critical regulatory updates, providing attendees with the knowledge and tools necessary to navigate and comply with the evolving landscape of federal grant management.
Learning Objectives:
- Understand the rationale behind the 2024 updates to the Uniform Guidance outlined in 2 CFR 200, and their implications for federal grant recipients.
- Identify the key changes and revisions introduced by the Office of Management and Budget (OMB) in the 2024 edition of 2 CFR 200.
- Gain proficiency in applying the updated regulations to ensure compliance with federal grant requirements and avoid potential audit findings.
- Develop strategies for effectively implementing the new guidelines within the grant management processes of their respective organizations, fostering efficiency and accountability in federal grant administration.
Russian anarchist and anti-war movement in the third year of full-scale warAntti Rautiainen
Anarchist group ANA Regensburg hosted my online-presentation on 16th of May 2024, in which I discussed tactics of anti-war activism in Russia, and reasons why the anti-war movement has not been able to make an impact to change the course of events yet. Cases of anarchists repressed for anti-war activities are presented, as well as strategies of support for political prisoners, and modest successes in supporting their struggles.
Thumbnail picture is by MediaZona, you may read their report on anti-war arson attacks in Russia here: https://en.zona.media/article/2022/10/13/burn-map
Links:
Autonomous Action
http://Avtonom.org
Anarchist Black Cross Moscow
http://Avtonom.org/abc
Solidarity Zone
https://t.me/solidarity_zone
Memorial
https://memopzk.org/, https://t.me/pzk_memorial
OVD-Info
https://en.ovdinfo.org/antiwar-ovd-info-guide
RosUznik
https://rosuznik.org/
Uznik Online
http://uznikonline.tilda.ws/
Russian Reader
https://therussianreader.com/
ABC Irkutsk
https://abc38.noblogs.org/
Send mail to prisoners from abroad:
http://Prisonmail.online
YouTube: https://youtu.be/c5nSOdU48O8
Spotify: https://podcasters.spotify.com/pod/show/libertarianlifecoach/episodes/Russian-anarchist-and-anti-war-movement-in-the-third-year-of-full-scale-war-e2k8ai4
ZGB - The Role of Generative AI in Government transformation.pdfSaeed Al Dhaheri
This keynote was presented during the the 7th edition of the UAE Hackathon 2024. It highlights the role of AI and Generative AI in addressing government transformation to achieve zero government bureaucracy
A process server is a authorized person for delivering legal documents, such as summons, complaints, subpoenas, and other court papers, to peoples involved in legal proceedings.
Presentation by Jared Jageler, David Adler, Noelia Duchovny, and Evan Herrnstadt, analysts in CBO’s Microeconomic Studies and Health Analysis Divisions, at the Association of Environmental and Resource Economists Summer Conference.
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
3. Eversheds LLP | 06/01/2016 |
−Regulations have adjusted how councils
need to plan for and implement the use
of CIL alongside s.106
−Impacts on viability, evidence,
infrastructure evidence and Regulation
123 list
−April 2015 s.106’s can only be pooled on
very limited basis, if CIL is not in place
there is a risk of significantly reducing
income from developer contributions
Why is it important?
Introduction and context
Community Infrastructure Levy
4. Eversheds LLP | 06/01/2016 |
−Is a mechanism for developer
contributions
−Purpose is to contribute
towards infrastructure needed
to support an area
−Applies to planning permission
for development that involves
net increase to floor space
(exceptions)
CIL Overview
Community Infrastructure Levy
5. Eversheds LLP | 06/01/2016 |
−Emphasis is on using CIL rather than s.106 as primary
mechanism to contribute to wider infrastructure
requirements
−BUT “… some site specific impact mitigation may still be
necessary in order for a development to be granted
planning permission... the Government considers there is
still a legitimate role for development specific planning
obligations to enable a local planning authority to be
confident that the specific consequences of a particular
development can be mitigated”. (PPG – CIL para 93)
CIL Overview
Community Infrastructure Levy
6. Eversheds LLP | 06/01/2016 |
−What does s.106 permit
• enables developer to enter into a “planning obligation”
• mitigate impact of unacceptable development to make
acceptable in planning terms
−Planning obligation may
• restrict development or use of land, require specific operations or
activities to be carried out in, on, under or over land
• require land to be used in any specified way; or
• require a sum of money to be paid
Section 106 TCPA 1990
Community Infrastructure Levy
7. Eversheds LLP | 06/01/2016 |
−Government’s policy tests on the use of planning
obligations put on a statutory basis, for developments that
are capable of being charged the levy;
−Ensuring the local use of the levy and planning obligations
does not overlap; and
−Limit on pooled contributions from planning obligations
towards infrastructure that may be funded by the levy.
(PPG – CIL para 94)
Regs 122 and 123 CIL Regs place limits on the use of
planning obligations in three respects:
Limitations on use of s.106 Agreements
Community Infrastructure Levy
8. Eversheds LLP | 06/01/2016 |
−Application for out of town retail development
−Accepted negative impacts on town centre, whether S.106
obligations sufficient to mitigate
−Alleged insufficient information available to Members to
assess extent to which contribution would mitigate harm
−CoA unanimous that this is not necessary in every case
−Here, contributions were so significant that adverse
impacts only had to be mitigated to some extent
−Leave to appeal to Supreme Court refused
R (on the application of Tesco Stores Limited) v Forest of
Dean District Council & others [2015] EWCA Civ 800
Case Law Update
Community Infrastructure Levy
Section 106 Agreements – is all in the balance…
9. Eversheds LLP | 06/01/2016 |
−Prevents councils from collecting more than five separate
planning obligations for a project or type of infrastructure
−Means that where there is no mitigation against the
impact of development, it can prevent LPA’s from granting
planning permission
−Applies retrospectively from April 2010 meaning LPA’s
without a CIL Charging Schedule may find they have
exceeded or are close to exceeding their limit for a
particular infrastructure project
Pooling Restrictions – 1st April 2015
Community Infrastructure Levy
10. Eversheds LLP | 06/01/2016 |
−3) A planning obligation (“obligation A”) may not constitute a
reason for granting planning permission to the extent
that—
(a) obligation A provides for the funding or provision of an
infrastructure project or type of infrastructure; and
(b) five or more separate planning obligations that—
(i) relate to planning permissions granted for development
within the area of the charging authority; and
(ii) which provide for the funding or provision of that
project, or type of infrastructure, have been entered
into on or after 6th April 2010
−4) “funding” in relation to the funding of infrastructure, means
the provision of that infrastructure by way of funding
Pooling Restrictions – Reg 123
Community Infrastructure Levy
11. Eversheds LLP | 06/01/2016 |
−Contribution towards secondary school provision requested –
provided in UU
−BUT, already five or more planning obligations entered into for
secondary education
• Council could not require a further one
• The latest UU could not be taken into account in decision
−Lack of secondary education capacity justifies refusal?
−On the facts, transpired there was no capacity issue and no contribution
actually necessary to make development acceptable
−NOTE – this was not the main issue – concerns focussed upon the
impact on the Green Belt and Agricultural Land Quality, and the appeal
was actually dismissed on public safety grounds.
Castlemead Group Ltd v Wrexham CBC [2015] P.A.D. 56
One too many planning obligations…
Case Law Update
Community Infrastructure Levy
12. Eversheds LLP | 06/01/2016 |
−Land at Mead Park, Bickington, Barnstaple, Devnon, EX31
2PF (APP/X1118/A/14/2224465) – 19 May 2015
• Erection of 59 dwellings
• Council did not provide any evidence on pooling
• Inspector required to take “precautionary approach”
• Notwithstanding contributions were “reasonable” the lack of
evidence meant Inspector was unable to give any weight to
financial contributions
Pooling Restrictions – 1st April 2015
Community Infrastructure Levy
13. Eversheds LLP | 06/01/2016 |
−Land north of Campden Road, Shipston on Stour,
Warwickshire (APP/J3720/A/14/2221748) – 8 June 2015
• 143 residential dwellings and 72 extra care apartments
• A number of financial obligations sought
• Libraries and secondary education – DC considered more than 5
contributions although County objected
• Appellant considered primary education more than five
contributions
• Inspector – in view of uncertainty, took precautionary approach
and excluded these items from consideration notwithstanding
that they would mitigate some effects
• However – appellant still required to pay contribution
Pooling Restrictions – 1st April 2015
Community Infrastructure Levy
14. Eversheds LLP | 06/01/2016 |
−Land at 102 Nightingale Road, Guilford, Surrey GU1 1EP
(APP/Y3615/W/15/3035790) – 24 November 2015
• Contribution to improve and maintain existing SANGs
• Inspector – considered such contribution would constitute “funding
or provision of an infrastructure project or type of infrastructure”
• Council failed to provide evidence of pooling. Inspector concluded
pooling restriction breached and not taken into account
−Land at 80 Epsom Road, Guildford, Surrey, GU1 2BX
(APP/Y3615/W/15/3131914) – 30 November 2015
• Contribution to mitigate harm to Thames Basin Heaths SPA
• Inspector considered contribution met NPPF tests which reflect para
122 of CIL Regs
• Considered mitigation overcame reasons for refusal
• However – Inspector does not expressly discuss “pooling”
Maintenance of Suitable Alternative Natural Greenspace (“SANGS”)
Pooling Restrictions – 1st April 2015
Community Infrastructure Levy
15. Eversheds LLP | 06/01/2016 |
−Guildford Borough Council
• Consider Inspectors have misapplied CIL Regs – SANGS
contributions sought for maintenance, improvement and
management rather than provision of new infrastructure
• Reg 123(4) – “funding” means provision of that infrastructure by
way of funding
• No new infrastructure provided therefore no restriction on ability
to “pool”
• If unable to pool such contributions would limit delivery of
housing
Maintenance of Suitable Alternative Natural Greenspace (“SANGS”)
Pooling Restrictions – 1st April 2015
Community Infrastructure Levy
16. Eversheds LLP | 06/01/2016 |
−Are contributions for affordable housing caught by pooling
restriction?
−Relevant infrastructure means (i) items on 123 list or (ii) where no
such list is published “any infrastructure”
−Infrastructure includes:
• roads and other transport facilities,
• flood defences,
• schools and other educational facilities,
• medical facilities,
• sporting and recreational facilities, and
• open spaces.
−CIL Guidance
• For provision that is not capable of being funded by the levy, such as
affordable housing, local planning authorities are not restricted in terms of the
numbers of obligations that may be pooled.
Affordable Housing
Pooling Restrictions – 1st April 2015
Community Infrastructure Levy
17. Eversheds LLP | 06/01/2016 |
−Possible to identify site specific
infrastructure which is not to be
funded through CIL by excluding it
from ‘relevant infrastructure’
−Tight definitions of
infrastructure projects may assist
in avoiding falling foul of the 5
obligation limit
−Local planning policies should
support approach
Project Splitting
Community Infrastructure Levy
18. Eversheds LLP | 06/01/2016 |
−Land at Blackfield End Farm, Church Road, Warton
(APP/M2325/A/14/2217060) – 24 September 2015
• 360 residential dwelling
• Obligation for education contribution to secure additional places
• Pooling restriction came into force after Inquiry closed
• S of S accepted that a more specific obligation should be
requested for which funding towards primary school provision
should be targeted
• Definition now provides:
• “Primary Education Contribution”: the sum equating to the number of
Primary Pupil Places Required × Primary Care Cost Per Place to be paid to
the County Council in accordance with the terns of this Deed for the
provision of additional places at Freckleton Strike Lane Primary School”
Project Splitting
Community Infrastructure Levy
19. Eversheds LLP | 06/01/2016 |
−Land East of Cambridge Road, Puckeridge, Hertfordshire
(Appeal Ref: APP/ J1915/5/W/15/3016566) – 21
September 2015
• Outline application (24 residential dwellings)
• Financial provision towards childcare, library, nursery and youth
facilities – more than 5 contributions so not taken into account
• Ralph Sadleir middle school contribution
• Generic education contributions received
• Have not received any for this specific project
• UU did not specifically identify the particular school HOWEVER County
Council indicated expressly that money would be targeted to that school
• On that basis Inspector accepted contribution
Project Splitting
Community Infrastructure Levy
20. Eversheds LLP | 06/01/2016 |
−Land rear of 131 Winchester Road, Four Marks Hampshire
(APP/M1710/W/15/3060919) – 12 November 2015
• Erection of 24 residential dwellings
• Education contribution – expansion of local primary school
• Evidence already have 5 or more contributions
• Developer comment “issue resolved”
• However, no evidence provided to Inspector that this was for a
separate project
• Unable to take into account
Project Splitting
Community Infrastructure Levy
21. Eversheds LLP | 06/01/2016 |
−Planning permission to demolish pub and redevelop site for
residential purposes.
−Application under Regulation 40(7) to reduce CIL contribution -
lawful use for a continuous period of at least six months in the
three year period ending on the day permission is granted.
−But, Pub had ceased operating. Lawful use = actual use?
−CIL requires consideration of the ordinary meaning of the words
‘lawful use.’
−Obiter: Some cessation might be permissible, but would depend
on facts, and certainly not in this case.
R (on the application of Hourhope Ltd) v Shropshire Council
(2015) [2015] EWHC 518 (Admin)
Reducing CIL liability – establishing actual prior use
Case Law Update
Community Infrastructure Levy