Agenda item

The report of the Executive Manager  - Communities.

It was RESOLVED that:

a)    the CIL draft charging schedule and supporting documentation, including the draft regulation 123 list for a six week public consultation, be approved.

b)    the Executive Manager – Communities be delegated authority to make minor modifications to the draft charging schedule prior to public consultation, and to consult on the draft charging schedule in line with the statutory regulations.

c)     the Executive Manager – Communities, in consultation with the Portfolio Holder for Housing, Planning and Waste Management, be delegated authority, to make the final decision as to whether to proceed with the submission of a draft charging schedule, representations made and evidence base, together with any proposed modifications, forward to public examination.

The Portfolio Holder for Housing, Planning and Waste Management presented the report of the Executive Manager – Communities to provide an update on the latest position in the development of the Community Infrastructure Levy (CIL) in Rushcliffe Borough following consultation on the preliminary draft charging during in February and March 2017.

The Portfolio Holder advised that the Government had introduced the legislation in 2010 that enabled local authorities to introduce a Community Infrastructure Levy which would fund new infrastructure required to support growth. It was noted that CIL was intended to sit alongside Section 106 and other legal agreements in order to fund new infrastructure to support development. The two would operate together, on the basis that, generally, Section 106 agreements would be used to secure new infrastructure that is required to support individual development schemes (particularly on-site facilities) and CIL would be used to fund new infrastructure that was required to support a number of developments. The Portfolio Holder advised that CIL was a charge levied on new buildings and extensions to buildings according to their floor area, with the rate changed being based upon a charging schedule set by the local authority. The charging schedule is set only after a formal process, concluding in an Examination in Public.

It was noted that in October 2016 Cabinet had resolved to support the principle of establishing a Community Infrastructure Levy and supported a proposed timetable for its preparation, examination and adoption (Minute No. 22, 2016/17). It was also noted that the Community Levy Infrastructure intended to sit alongside Section 106 and other agreements in order to fund new infrastructure and to support development. It was explained that Section 106 agreements would be used to secure new infrastructure that was required to support individual development schemes and that the Community Infrastructure Levy would be used to fund new infrastructure required to support a number of new developments.

The Portfolio Holder also requested Cabinet support a six week public consultation on the Community Infrastructure Levy drafting schedule and supporting documentation including the draft regulation 123  list  prior to being submitted for independent examination. If endorsed by Cabinet, an additional report would be presented to Cabinet to approve a formal adoption of the Community Infrastructure Levy. The draft documents were attached as appendices to the officer’s report.

The Portfolio Holder advised that the Community Infrastructure Levy for Rushcliffe would only be adopted if it supported the provision of infrastructure required to deliver the Local Plan and if it could be set at an economically viable rate. It was noted that under the Community Infrastructure Levy regulations, Parish and Town Council areas where the Community Infrastructure Levy was charged would receive a proportion of Community Infrastructure Levy receipts to spend on infrastructure that they requested.

In seconding the recommendations Councillor Edyvean thanked the officers for producing the comprehensive report and hoped that once the six-week public consultation was completed, the Community Infrastructure Levy could be adopted.

The Executive Manager – Communities advised that the receipts received from CIL could only be spent on community infrastructure improvements. It was also noted that following a public consultation, the Community Infrastructure Levy could be adopted by March 2019.

It was RESOLVED that:

a)    the CIL draft charging schedule and supporting documentation, including the draft regulation 123 list for a six week public consultation, be approved.

b)    the Executive Manager – Communities be delegated authority to make minor modifications to the draft charging schedule prior to public consultation, and to consult on the draft charging schedule in line with the statutory regulations.

c)     the Executive Manager – Communities, in consultation with the Portfolio Holder for Housing, Planning and Waste Management, be delegated authority, to make the final decision as to whether to proceed with the submission of a draft charging schedule, representations made and evidence base, together with any proposed modifications, forward to public examination.

REASON FOR DECISIONS

To ensure that the impacts of development are mitigated as far as possible through improvements to infrastructure across the Borough.