cardiff community infrastructure levy · 2016-09-08 · 2 cardiff cil draft charging schedule -...

0 Cardiff CIL Draft Charging Schedule - Draft for Consultation: September 2016

Cardiff Community Infrastructure Levy Draft Charging Schedule

CIL-203: Draft for Consultation – September 2016


This document is available in Welsh / Mae’r ddogfen hon ar gael yn Gymraeg.

Contents

1. Introduction 2

2. CIL Rates 3

3. Chargeable Development 4

4. Payment by Instalments 5

5. Cardiff Infrastructure Plan / Draft Regulation 123 List 5

6. How to Comment on this Draft Charging Schedule 7

7. CIL Timetable 7

Appendix 1: CIL Draft Charging Schedule, Residential Charging Zone Maps 8-14


1. Introduction

1.1. The City of Cardiff Council (the Council) has published this Community Infrastructure Levy (CIL) Draft Charging

Schedule (DCS) as the Local Planning Authority under powers provided by Section 206 of the Planning Act 2008.

1.2. The purpose of this document is to set out Cardiff’s Draft Charging Schedule for the Community Infrastructure

Levy (CIL) in its area. The Draft Charging Schedule has been prepared in accordance with the requirements of the

Community Infrastructure Levy Regulations 2010 (as amended).

1.3. A CIL Charging Schedule is required to be informed by an ‘appropriate evidence base’, which should include:

• An up-to-date Development Plan

• An Infrastructure Plan

• An assessment of the likely impact of CIL on the viability of development across the city.

In this regard, the following documents have informed the preparation of the Draft Charging Schedule and can be

viewed on the Councils website at www.cardiff.gov.uk/cil:

• Cardiff Local Development Plan 2006-2026

• Cardiff Infrastructure Plan

• Peter Brett Associates, CIL Economic Viability Study, 2016 Updated Report

1.4. Regulation 14(1) of the Community Infrastructure Levy Regulations 2010 (as amended) identifies that in setting

rates (including differential rates) in a charging schedule, a charging authority must strike an appropriate balance

between:

• The desirability of funding from CIL (in whole or part) the actual and estimated total cost of infrastructure

required to support development of its area, taking into account other actual and expected sources of

funding; and

• The potential effects (taken as a whole) of the imposition of CIL on the economic viability of development

across Cardiff.

1.5. This Draft Charging Schedule is published for public consultation as the second stage in setting a CIL charge for

Cardiff and has been prepared in accordance with Regulations 12 and 16 of the CIL Regulations 2010 (as

amended). The Council will take into account representations made on this document before submitting its Draft

Charging Schedule for Public Examination.

1.6. Details of the Stage 1 Preliminary Draft Charging Schedule (consultation on which concluded in December 2014)

can be viewed on the Councils website at www.cardiff.gov.uk/cil.

1.7. This CIL Draft Charging Schedule was approved for consultation by Cabinet 0n 16th June 2016.


2. CIL Rates

2.1. Taking account Cardiff’s CIL evidence base, including the evidence provided through Peter Brett Associates

(PBA’s) updated viability study, the policy framework provided through the adopted Local Development Plan and

the Councils Draft Planning Obligations SPG, the following CIL charges are proposed:

Development type CIL rate £/m2

Residential

Zone 1 Countywide Zone for developments of 1-499 dwellings 70

Zone 2 Sites of 500 or more dwellings (including all developments

within LDP Strategic Sites). Nil

Offices Nil

Industrial / Warehousing Nil

Retail 200

Care homes Nil

Student accommodation 100

Mixed leisure Nil

Hotels Nil

Public service and community facilities Nil

Other chargeable development Nil

• Residential Development is defined as any use falling within Class C3 and C4 of the Town & Country Planning

Use Classes Order 1987 (as amended) including ancillary development e.g. garages. Extra care (assisted

living) and retirement homes are excluded.

• Retail Development is defined as any use falling within Class A of the Town & Country Planning Use Classes

Order 1987 (as amended).

CIL Differential Rates – Charging Zones

2.2. It is proposed that the CIL for residential development will be charged at two different rates, which relate to two

charging zones:

• Zone 1: A countywide zone for developments of 1-499 dwellings where a CIL charge of £70 will be levied,

• Zone 2: Sites of 500 or more dwellings (including all developments within LDP Strategic Sites) where a NIL

(£0) CIL will be levied.

2.3. Maps showing the location and boundaries of the areas in which differential residential rates will be charged are

attached at appendix 1.

2.4. All other forms of chargeable development (Retail and Student Accommodation) will be levied at the single

identified rate across the county.

Calculation of CIL Charge

2.5. The CIL charge to be paid by a development will be calculated in accordance with Regulation 40 of the

Community Infrastructure Levy Regulations 2010 (as amended).


3. Chargeable Development

3.1. Upon adoption, the following development types would be liable to pay CIL:

• Development comprising 100m2 or more of new build floorspace;

• Development of less than 100m2 of new build floorspace that results in the creation of one or more dwellings;

• The conversion of a building that is no longer in lawful use*.

3.2. Where planning permission is granted for development that involves the extension or demolition of a building in

lawful use*, the level of CIL payable will be calculated based on the net increase in floorspace only.

3.3. *The definition of lawful use is contained in Regulation 40 of the Community Infrastructure Levy Regulations 2010

(as amended), which identifies that a building is in use, if a part of that building has been in use for a continuous

period of at least six months within the period of three years ending on the day planning permission first permits

the chargeable development.

Mandatory Exemptions and Relief from CIL

3.4. The CIL Regulations 2010 (as amended) make provision for certain types of development to be exempt or eligible

to claim relief from CIL, including:

• development of less than 100 square metres (see Regulation 42 on Minor Development Exemptions) – unless

this is a whole house, in which case the levy is payable

• houses, flats, residential annexes and residential extensions which are built by ‘self-builders’ (see Regulations

42A, 42B, 54A and 54B, inserted by the 2014 Regulations)

• social housing that meets the relief criteria set out in Regulation 49 or 49A (as amended by the 2014

Regulations)

• charitable development that meets the relief criteria set out in Regulations 43 to 48

• buildings into which people do not normally go (see Regulation 6(2))

• buildings into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or

machinery (see Regulation 6(2))

• structures which are not buildings, such as pylons and wind turbines

• specified types of development which local authorities have decided should be subject to a ‘zero’ rate and

specified as such in their charging schedules

• vacant buildings brought back into the same use (see Regulation 40 as amended by the 2014 Regulations)

3.5. Where the levy liability is calculated at less than £50, the chargeable amount is deemed to be zero so no levy is

due.

3.6. Mezzanine floors of less than 200 square metres, inserted into an existing building, are not liable for the levy

unless they form part of a wider planning permission that seeks to provide other works as well.

Discretionary Relief

3.7. In addition to the mandatory exemptions and relief identified above, charging authorities are able to consider

offering discretionary relief for; social housing (Regulation 49), exceptional circumstances (Regulation 55),

charitable investment activities (Regulation 44) and for the provision of land and infrastructure in-kind

(Regulations 73&73A).

3.8. Consideration has been given to introducing discretionary relief, however viability testing has shown that if the

recommended rates are levied, general viability should not be an issue and it is therefore not intended to

introduce discretionary relief at this stage.


4. Payment by Instalments

4.1. In accordance with Regulation 69B of the Community Infrastructure Levy Regulations 2010 (as amended), it is

proposed that the following instalments policy would be applied to assist the delivery of larger schemes:

Total CIL Liability Number of Instalments Payment Period

Up to £50,000 1 • 100% payable within 60 days of commencement

£50,001 to

£250,000 3

• 30% payable within 60 days;

• A further 35% payable within 180 days, and

• The final 35% payable within 360 days (or upon

completion of development if earlier).

£250,001 to

£500,000 3





Over £500,001 3





5. Cardiff Infrastructure Plan / Draft Regulation 123 List

5.1. In accordance with the CIL Regulations, a local authority must apply CIL receipts to funding infrastructure to

support the development of its area.

5.2. The Cardiff Infrastructure Plan (IP) was prepared as a background paper to the Cardiff Local Development Plan

The document describes the infrastructure required to support and sustain the planned level of growth in Cardiff

up to 2026 and contains a series of chapters focusing on specific types of infrastructure, including, for example;

Transport and Highways, Schools and Community Facilities etc.

5.3. In addition to defining infrastructure requirements, the IP also provides an indication of the cost of delivering such

infrastructure, the likely / available funding sources and whether the infrastructure is required in advance of

developments or in phases. CIL, as a mechanism, is not expected to fund all infrastructure and is intended to

contribute toward gaps (either in whole or in part) between other sources of funding and the costs of providing

infrastructure.

5.4. Infrastructure that is needed to mitigate the direct impacts of a proposed development will continue to be

secured through planning obligations (S106 agreements), as this will help to ensure that such infrastructure is

provided alongside new development in a timely manner. It is infrastructure that is required to support the

general growth of an area that is more appropriately funded through CIL. The projects included on the draft

Regulation 123 (R123) List seeks to achieve this balance.

5.5. A Regulation 123 list sets out the projects or types of infrastructure that may be funded using monies raised

through CIL. Funding of projects from the levy is not guaranteed simply because they are included on the list, but

if a project or type of infrastructure is included it means it cannot then be sought through a section 106

agreement.


5.6. Experience of other local authorities has shown that once a CIL is in place, there will be a period of time before

new (CIL liable) applications are implemented and start to pay the Levy. It is therefore anticipated that in Cardiff

(as with other local authorities), there will be a time-lag with relatively low CIL receipts received in the first 1-2

years following adoption.

5.7. Taking the above factors into consideration, it is proposed that the Draft R123 List comprises a series of short-

medium term projects, informed by the Cardiff Infrastructure Plan, where funding would be unlikely to be able to

be secured through S106. Such projects could include:

Cardiff CIL Draft Regulation 123 List

• Pedestrian, Cycling and Bus improvements on the A4119 corridor on Cathedral Road and Penhill

Road from the A4161 Cowbridge Road to Cardiff Road.

• Bus priority improvements to the A4232 Capel Llaniltern corridor between (and including)

Culverhouse Cross interchange and (but excluding) Junction 33 of the M4 Motorway.

• Coastal Path on the Rover Way Route between Ocean Way and Lamby Way.

• Regional park & ride sites and associated bus priority improvements outside of Cardiff within the

Vale of Glamorgan, Rhondda Cynon Taf, Caerphilly and Newport.

• Pedestrian, cycle or shared use bridge over the Taff River between the A48 Western Avenue and

A4054 Llandaff Bridge.

• Infrastructure to provide Cycle Hire that is not located within development sites.

• Infrastructure to provide Car Clubs that is not located within development sites.

• 20mph areas and speed management measures not located within development sites.

• Upgrades and improvements to central demand management and monitoring systems that control

telematics, real time and sensor technologies.

• Provision of and upgrades to existing allotment sites (excluding sites where provision will be secured

from LDP Strategic Sites).

5.8. The above is not a definitive R123 List at this stage, but is intended to inform the Draft Charging Schedule public

consultation and provide a guide to the types of projects for which CIL funding may be sought.

5.9. A R123 List can be reviewed and amended to reflect any changes in infrastructure requirements. Planning Practice

Guidance identifies that ‘Authorities may amend the regulation 123 list without revising their charging schedule,

subject to appropriate consultation’. It is anticipated that following the adoption of CIL, the R123 List would be

regularly reviewed as part of the monitoring process.


6. How to Comment on this Draft Charging Schedule

6.1. This consultation runs for a period of six weeks from Thursday 8th September to Thursday 20th October 2016.

6.2. During the consultation period, the DCS and relevant evidence will be available for public inspection at Planning

Reception, County Hall, Atlantic Wharf, Cardiff, CF10 4UW, from Monday to Friday between 9.00am and 4.00pm.

It will also be available to view or download from the Council’s website at www.cardiff.gov.uk/cil.

6.3. Representations on the Draft Charging Schedule should be submitted using the ‘DCS response form’, which is

available to download from the Council’s website at www.cardiff.gov.uk/cil. Completed forms should be sent to

[email protected]. If you are unable to submit comments via email, completed forms should be sent to the

following address:

Community Infrastructure Levy,

Strategic Planning, Cardiff Council,

Room 223, County Hall,

Atlantic Wharf,

Cardiff, CF10 4UW

6.4. Representations (including those taking the form of objections) should specify the matters to which they relate.

Objections should also specify the change sought, including evidence to support your view.

6.5. Representations received during the consultation period will be considered and, if required, alterations will be

made to the DCS, which would be published through a Statement of Modifications. The Draft Charging Schedule

will then be submitted for public examination.

6.6. Regulation16 (2) (d) and (e i, ii, iii) identify that persons making representations may (1) request the right to be

heard by the CIL examiner and (2) request to be notified, at a specific address, of any of the following:

• That the draft charging schedule has been submitted to the examiner in accordance with section 212 of PA

2008,

• The publication of the recommendations of the examiner and the reason for those recommendations,

• The approval of the charging schedule by the charging authority.

6.7. A person who has made representations about the Draft Charging Schedule may withdraw those representations

at any time by giving notice in writing to the charging authority.

7. CIL - Next Steps

7.1. The anticipated timetable for delivering the Cardiff Community Infrastructure Levy is identified below:

Stage Timescale

• Stage 1: Preliminary Draft Charging Schedule Consultation complete Dec 2014

• Stage 2: Draft Charging Schedule Autumn 2016

• Stage 3: Submission for Examination Early 2017

• Stage 4: Examination of the Cardiff CIL Draft Charging Schedule Spring 2017

• Stage 5: Charging Schedule Adoption / Implementation Summer 2017

8 Cardiff Community Infrastructure Levy Draft Charging Schedule (Consultation Document)

Appendix 1: Cardiff Community Infrastructure Levy Draft Charging Schedule – Residential Charging Zones:

Key:

Cardiff Local Authority

Boundary: Zone 1.

Zone 2: LDP Residential

Strategic Sites and sites of

500 or more dwellings.

© Crown copyright and database

rights [2016] Ordnance Survey

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A

B

C

D

E

G F


Map 1: Cardiff CIL DCS, Residential Charging Zone 2A:

Land at Dumballs Road (Within LDP Strategic Site KP2A).

Key:

Zone 1: Land within Cardiff

Local Authority Boundary






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Map 2: Cardiff CIL DCS, Residential Charging Zone 2B:

LDP Strategic Site KP2B - Former Gasworks, Ferry Road.

Key:








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Map 3: Cardiff CIL DCS, Residential Charging Zone 2C:

LDP Strategic Site KP2C – North West Cardiff.

Key:








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Map 4: Cardiff CIL DCS, Residential Charging Zones 2D/E:

LDP Strategic Sites KP2D&E – Land North of Junction 33 and South of Creigiau.

Key:








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Map 5: Cardiff CIL DCS, Residential Charging Zone 2F:

LDP Strategic Site KP2F – North East Cardiff (West of Pontprennau).

Key:








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Map 6: Cardiff CIL DCS, Residential Charging Zone 2G:

LDP Strategic Site KP2G – East of Pontprennau Link Road.

Key:








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cardiff community infrastructure levy · 2016-09-08 · 2 cardiff cil draft charging schedule -...

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