Community Infrastructure Levy – Further Reforms

Further amendments to the Community Infrastructure Levy (CIL) Regulations came into effect this month so as to bring them into line with new provisions in the Localism Act (Nov 2011) – notably the new powers to establish Mayoral Development Corporations in London and to introduce Neighbourhood Development Plans and Orders (including Community Right to Build Orders).

The amendments ensure amongst other things that, where Mayoral Development Corporations are established (such as the London Legacy Development Corporation now responsible for the Olympic Park), they will be able to operate as the local CIL charging authority. They also set out how the proposals for local communities to receive a share of CIL in areas where the new neighbourhood planning powers are being exercised will work.

A copy of the Regulations can be found here

At the same time, the Government is consulting on a number of further reforms intended to clarify restrictions on the use of s106 planning obligation powers once CIL is implemented and to ensure that the regulations can be rolled out more effectively without the need for further reforms. The consultation runs until 28 May 2013.

Of particular significance for health are the proposals to clarify or extend the scope of the regulations around:-

  • requiring a charging authority to demonstrate that it has struck an appropriate balance between the desirability of funding infrastructure from the levy and the potential effects of the levy on economic viability of development across its area (see question 1)
  • the role of the list of infrastructure (to which CIL will apply) and procedures for reviewing it (see questions 4 and 5)
  • extending the transition period for further limitations on the use of pooled planning obligations from April 2014 to April 2015 to allow charging authorities more time to take into account the reforms already introduced and those proposed in this consultation (see question 6)
  • allowing charging authorities the choice to accept payments in kind through provision of both land and infrastructure either on-site or off-site for the whole or part of the levy payable on a development (see questions 8 to 10)
  • extending the provisions for phasing of levy payments to all types of planning permission to deal fairly with more complex developments (see questions 11 to 14)

A copy of the full consultation document can be found here

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