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Tamworth Borough Council Draft Charging Schedule Statement of Consultation
1
Tamworth Borough Council:
Community Infrastructure Levy
Draft Charging Schedule
Statement of Consultation
Regulation 19 (1)(b) Statement
Tamworth Borough Council Draft Charging Schedule Statement of Consultation
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Contents
Page Number
1 Introduction 3
2 Draft Charging Schedule Consultation 4-5
3 Responses received on the Draft Charging Schedule
6-8
4 Right to be Heard 8
Appendices Page Number
Appendix A List of Organisations consulted on the CIL Draft Charging Schedule
9-13
Appendix B Copy of the Consultation letter 14-15
Appendix C Copy of the Representation form for the Draft Charging Schedule consultation.
16-25
Appendix D Copy of the Public Notification of the Draft Charging Schedule consultation on the Borough Council website.
26-28
Appendix E Summary of Representations Duly received
29-32
Appendix F Copy of the Public Notice placed in the Tamworth Herald
33
Tamworth Borough Council Draft Charging Schedule Statement of Consultation
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1. Introduction
1.1 This report is prepared in accordance with Regulation 19 (1)(b) of the Community Infrastructure Levy Regulations 2010 (as amended) which requires that a local planning authority must submit a statement to the examiner setting out;
• If representations were made and the number of representations made in response to the consultation on the CIL Draft Charging Schedule (DCS)
• A summary of the main issues raised by the representations
1.2 Copies of the representations and relevant evidence received will be forwarded through to the CIL examiner with the submission of the CIL Draft Charing Schedule in conformity with Regulation 19(c)(d). These are also available to view on the Borough Councils website.
1.3 The Borough Council as the Charging Authority have made no
modifications to the CIL Draft Charging Schedule after it was published for the Regulation 16 consultation with the exception of an amendment to the Charging Zone map to include National Grid Line reference numbers.
1.4 Further details on CIL’s conformity with established regulatory
requirements for the preparation and submission of the CIL Charging Schedule are provided in the Statement of Compliance.
1.5 The Borough Council has produced this document, to set out: the
consultation methodology; the representations received to the Council’s CIL Draft Charging Schedule consultation, and a summary of the key issues as required by CIL Regulation 19(b)(i). As such this document complies with this regulatory requirement.
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2. Draft Charging Schedule Consultation
2.1 The Council has carried out public consultation on both the Preliminary Draft Charging Schedule in 2014 and the Draft Charging Schedule in 2015. Both consultations were carried out in accordance with the CIL Regulations 2010 (as amended) and requirements set out in the Planning Act 2008, paragraphs 211 and 212.
2.2 Consultation on the Draft Charging Schedule along with its supporting
evidence (Whole Plan Viability, Affordable Housing and CIL Study and Addendum, 2015, Tamworth Draft Charging Schedule Infrastructure Delivery Plan, Tamworth Section 106 Statement) took place over a 6 week period between 23 October 2015 to 4 December 2015.
2.3 The consultation documents were subject to public participation in
accordance with both regulatory requirements and the Council’s Statement of Community Involvement (2014). The consultation methodology included;
• Emails and/or letters sent to a wide range of stakeholders including all those that were consulted on the Preliminary Draft Charging Schedule (PDCS) and all those that submitted a response to the PDCS (Appendix B). This letter was accompanied by a Response form to be returned via email or through the post (Appendix C).
• A Public Notice announcing the CIL consultation was placed in the Tamworth Herald (local newspaper covering the Council area) on 22 October 2015 (Appendix F).
• Public notification (Appendix D) giving details of the consultation period and to whom comments should be sent together with copies of the consultation documents was published on the Borough Councils website and made available for inspection at the following locations from 20 October 2015;
� Tamworth Borough Council, Marmion House, Lichfield Street,
Tamworth, B79 7BZ � Tamworth Library, Corporation Street, Tamworth, B79 7DN � Wilnecote Library, Wilnecote High School, Tinkers Green Road,
Wilnecote, Tamworth, B77 5LF. � Glascote Library, Caledonian, Glascote, Tamworth, B77 2ED
• The documentation was made available on the Borough Councils website at http://www.tamworth.gov.uk/cil with the option for representations to be made via the response form to be returned via email or through the post.
2.4 Over 850 emails and letters were sent out to interested parties and
organisations utilising the CIL consultation database to alert them to the Draft Charging Schedule consultation. A list of the organisations and how
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they were consulted on the Draft Charging Schedule are included in Appendix A. Some organisations received multiple emails/letters to different individuals but the organisation has only been listed once.
2.5 Interested individuals were also consulted on the Draft Charging Schedule
but these have not been identified within Appendix A for privacy.
2.6 The consultation posed 8 specific questions which focused on the relationship between the proposed charging rates and the supporting evidence. These questions are illustrated below;
1. Do you consider that the proposed charge rates are reasonable? 2. Based on the supporting economic and viability evidence, and the
assumptions used, do you consider that the Draft Charging Schedule will achieve the correct balance between securing the funds to help deliver the necessary infrastructure, to support planned growth in Tamworth, and encouraging new development?
3. Are there any projects or types of infrastructure that you think should
be included on the Draft Regulation 123 List? Please provide relevant details to support their proposed inclusion on the list.
4. Should the Charging Schedule be accompanied by the proposed
‘instalments policy’ for the payment of CIL charges i.e. larger schemes being able to phase payments alongside the phasing plans of the development?
5. Should the Charging Schedule be accompanied by the proposed
‘exceptional circumstances’ policy to provide relief to sites with high abnormal costs?
6. Should the Charging Schedule be accompanied by the proposed
‘payment in kind’ policy to accept land or infrastructure in lieu of payment?
7. Please provide any other comments you wish to make on the Draft
Charging Schedule? 8. Do you consider it necessary to participate at the oral part of the
examination?
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3. Responses Received on the Draft Charging Schedule 3.1 In total 18 representations were received with regard to the Draft Charging
Schedule consultation. Written responses were received from the 17 organisations/representatives listed below;
• Historic England
• Highways England
• Inland Waterways Association
• Network Rail
• Sport England
• West Midlands Harp Planning Consortium
• Staffordshire County Council
• Natural England
• Taylor Wimpey
• Lichfield District Council
• Birmingham City Council
• McCarthy and Stone Retirement Lifestyles Ltd
• Distincitve Property Development Ltd
• Equality and Human Rights Commission
• Rentplus
• Trustees of J.B Aucott
• B & S Aucott
3.2 One written response was received from an independent, non-affiliated consultee.
3.3 The key issues that arose from the consultation are identified below;
Key Issues
• Previous suggestions to help relieve traffic and encourage cycling and pedestrians has not been included
• Unreasonable to charge residents an extra charges
• Previous comments of impacts and improvements on the strategic road network not included on the R123 list
• Generic funding areas are not sufficiently specific
• Confirmation required that the IDP has been updated after the completion of the Tamworth Sports Strategy
• The R123 List should detail more specific projects devised in co-operation with the County Council
• The Evidence does not accurately reflect the viability of the Dunstall Farm scheme
• The Charging Schedule would result in double counting in relation to the Dunstall Farm scheme
• The Evidence utilises limited and/or incomplete figures on retail therefore the retail rate is flawed
• The retail levy is too onerous for developers resulting in harm to investment and job creation in Tamworth
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• Communal Floorspace provision used to test the viability of Sheltered/retirement housing has been underplayed
• Testing the viability of a 30 unit extra care scheme not in line with the RHG guidance and results in sales values in excess of what is to be expected for a non-premium extra care development
• The 25% premium of extra care accommodation over sheltered/retirement housing should not be limited to an uplift of sales value per M2 but to the entire unit
What are they asking us to change?
• Document should acknowledge the role of infrastructure providers in reaching any decision on the appropriateness of the Payment in Kind policy in any given situation
• Include examples of what maybe included in the Exceptional Circumstances policy in relation to the long term viability of heritage assets
• The R123 List should refer the conservation and enhancement of Tamworth’s historic environment
• Provide clarification that planning obligations and S106 will continue to offer opportunities for funding improvements to mitigations of adverse impacts on the historic environment
• Include station enhancement in addition to any highways or Green Infrastructure works
• Clarification that CIL is not expected to address any compensatory provision
• Updated Viability Study to include Rent to Buy and Starter homes
• Include a policy requiring a CIL Review every 3 years or where there’s been a 10% change in house prices
• Drainage and flood alleviation projects to be included on the R123 List with the consideration of the relationship with the use of S106
• Include additional clarity that CIL payments will not be sought outside the Borough
• Dunstall Farm scheme should be added to the exempt CIL list
• Retail data should be reassessed with complete figures with more variety of retail units outside the Town Centre
• The non-food retail rate should be set at £70 per sq.m and the food retail rate should be set below £100 per sq.m in line with CIL rates for surrounding areas
• Set a cap of £100,000 on monies that can be contributed by out of centre retail developments
• Amend wording of the Discretionary Relief policy to provide certainty relief will be provided in appropriate circumstances
• Amend wording of paragraph 5.2 to read “Council will offer a process”
• Amend wording of paragraph 5.3 to read “Council will offer to accept payment in kind”
• Viability Study should include a communal floorspace provision of 25%
3.4 A general summary of the representations in relation to the CIL Draft
Charging Schedule is shown in Appendix E. The full copies of
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representations will be forwarded to the CIL Examiner with the submission of the CIL Draft Charging Schedule in accordance with Regulation 19.
3.5 The next step towards adoption of the Council’s CIL proposals is to submit
the CIL Draft Charging Schedule for examination by an independent planning inspector appointed by the Secretary of State for Communities and Local Government.
3.6 The Borough Council has not proposed any main or minor modifications to the Draft Charging Schedule after it was published in accordance with Regulation 16 of the Community Infrastructure Levy Regulations 2010 (as amended).
4. Right to be Heard
4.1 In accordance with Regulation 16(2), respondents to the consultation on the Draft Charging Schedule were invited to request further notifications of the progress of the charging schedule and the right to be heard by the examiner.
4.2 A request to attend the CIL hearing sessions under Regulation 21 of the Community Infrastructure Levy Regulations 2010 (as amended) have been received from the following:
• Indigo Planning on behalf of Trustees of J.B Aucott
• Bilfinger GVA on behalf of B & S Aucott
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Appendix A: List of Organisations Consulted on the CIL Draft Charging Schedule
Method Organisation Method Organisation
Email 14-19 Project Email Mason Richards Planning
Email Access Chemicals Ltd Email Mather Jamie Chartered Surveyors
Email Alyn Nicholls & Associates Email Matthew Dugdale Estates
Email AMEC Environment & Infrastructure UK Limited Email Maximity
Email Amington Residents Association Email Merevale & Blyth Estates
Email Ancer Spa (Midlands) Ltd Email Midland Heart
Email Andrew Martin Associates Email Mobile Operators Association (MOA)
Email Ankerside Shopping Centre Email Mono Consultants Ltd,
Email Aquireland Email Morris Homes
Email Architectural Design Consultancy Ltd Email MPC
Email Arrivia Midlands Email National Federation of Gypsy Liaison Groups
Email Ask for Research Ltd Email National Grid
Email ATLAS Email National Landlords association
Email B.N.T. Properties Ltd Email National Trust
Email Bailey Design Limited Email Natural England
Email Barnardos Email NCC UK Ltd
Email Barnardo's Shropshire & Staffordshire Email
Network Rail Town Planning Team LNW
Email Barratt Homes Manchester (trading name of BDW trading Ltd) Email
Newton Regis, Seckington & No Man's Heath Parish Council
Email Barton Willmore Email NFGLG
Email Barton Willmore LLP Email Norris Bros Garages
Email Barwood Developments Email North Warwickshire Borough Council
Email Barwood Developments Securities Ltd Email
O2 - Telefonica UK Ltd Core Strategy Team
Beacon Street Residents Association (BSARA) Email Pall Mall Investments Ltd
Email Bellway Homes Ltd Email Pathway Project
Email Bellway West Midlands Ltd Email Peacock and Smith
Email Berry Morris, Chartered Surveyors Email Peel Society
Email Bloor Homes Email Peer Group
Email BNP Paribas Real Estate UK Email Pegasus Planning Group
Email Bovis Homes Limited Email Pension Service
Email Boyer Planning Email Persimmon Homes
Email Boyer Planning Ltd. Email Persimmon Homes (West MIdlands) Limited
Email British Pipelines Agency Email Peter J Hicks & Co
Email British Waterways Email PINS
Email Bromford Carinthia Housing Association Email
Planner & Community Engagement Consultant
Email Brooke Smith Planning Email Planning Aid England
Email Brown & Co. - Property & Business Consultants LLP Email Planning Policy
Email Building Design Group Email Planning Potential Ltd
Email Built County Email Planware Limited
Email Business and Enterprise County Email Polesworth Parish Council
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Email Business Enterprise Support Email PSG
Email C S J Brooke Smith Email Public Health and Well - being
Email Calders Surveyors Consultants Email Railfuture West Midlands
Email Campaign for Real Ale Email Rapleys
Email Campaign to Protect Rural England Email Rawlett Community Sports College
Email Canal & River Trust Email RE Matthews Ltd
Email Cannock Chase Council Email Redrow Homes
Email Cathedral Hygeine Email Road Haulage Association
Email Cedar House Investments Ltd Email Royal London Asset Management
Email Central Hydraulic Loaders Email RPS
Email Central Rivers Initiative Email RPS Planning
Email Centro Email RSPB
Email Charles Church Midlands Email Sanderson Weatherall LLP
Email Children and Lifelong Learning Email Savills
Email Chris Thomas Ltd Email SE Staffs Victim Support
Email Clifton Campville & Thorpe Constantine PC
Email Severn Trent Water
Email Colliers CRE Email Shipley Estates Ltd
Email Community Council of Staffordshire Email Shortland Parsley
Email Coton Green Primary School
Email Shuttington and Alvecote Parish Council
Email Country Land & Business Association
Email Shuttington Parish Council
Email Coventry & Warwickshire Local Enterprise Partnership
Email Signet Planning
Email Coventry Canal Society Email Simon Bridgens Engineering Ltd
Email Crystal Stream
Email Smith Brothers (Tamworth) Developments Limited
Email CT Planning Email Social Care & Health
Email D Henton and Son
Email Society for the Protection of Ancient Buildings
Email DEFRA
Email South Staffordshire Chamber Of Commerce & Industry
Email Department for Transport Email South Staffordshire Water Plc
Email Derbyshire Gypsy Liaison Group Email South Staffs & Shropshire NHT Trust
Email Dewes Solicitors Email South Staffs Partnership
Email Distinctive Property Development Ltd.
Email South Staffs PCT
Email DPDS Consulting Group Email Specialist Highway Services
Email DPP One Limited Email Sport Across Staffordshire
Email Drayton Bassett Parish Council Email Sport England
Email DTZ Email Sporting Club Tamworth
Email DTZ Pieda Consulting Email SSA Planning
Email E S Engineering Services Ltd
Email Staffordshire & Stoke-on-Trent Partnership Trust
Email East Stafforshire Borough Council Email Staffordshire Ambulance Service
Email East Staffs Racial Equality Council Email Staffordshire Blind
Email Economic Planning and Prosperity Email Staffordshire County Council
Email Elison
Email Staffordshire County Council Minerals Policy Team
Email English Heritage (West Midlands)
Email Staffordshire County Council - Rights of Way
Email English, Welsh and Scottish Railways (EWS)
Email Staffordshire Highways
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Email Environment Agency Email Staffordshire Police
Email Equality and Human Rights Commission
Email Staffordshire Wildlife Trust
Email Eversheds LLP Email Staffordshire Youth Offending Service
Email Federation of Small Businesses Email Staffordshire Youth Service
Email Federation of Small Businesses in Staffordshire and West Midlands
Email Staffs Fire & Rescue
Email Feeths Email Stansgate Planning Consultats
Email First Plan Email Stem Concepts
Email Fisher German LLP Email Stoke on Trent and Staffordshire LEP
Email Flaxhill Junior School
Email Stoneydelph Trinity & Wilnecote Branch Labour Party
Email Forestry Commission Email Stonydelph Residents Association
Email Freeth Cartwright LLP Email Stormking PLastics Ltd
Email Freeths LLP Email Suburban Studios
Email Fusion Online Ltd Email Sure Start Tamworth
Email G L Hearn Email Sustinable County
Email Georgian Group Email Tamworth Action Group
Email GL Hearn Email Tamworth Baptist Church
Email Gladman Developments Email Tamworth Borough Council
Email GMX
Email Tamworth Congregations of Jehovah's Witnesses
Email Greater Birmingham & Solihull LEP Executive,
Email Tamworth Co-operative Society
Email GVA Grimley Limited Email Tamworth Deanery
Email Hallam Land Management Ltd Email Tamworth Enterprise College
Email Harlequin Ltd Email Tamworth Fire Station
Email Harris Lamb Chartered Surveyors Email Tamworth Herald
Email Heritage electrical limited Email Tamworth Library
Email Heynes Planning Ltd Email Tamworth Northern Alliance (TNA)
Email Highways Agency Email Tamworth Police Station
Email Hodge Lane Conservation Group Email Telefonica O2
Email Home Start Tamworth Email Terence O'Rouke Plc
Email Homes and Communities Agency Email Tetlow King Planning
Email Housing Email The Bed Centre (Tamworth) Limited
Email Howkins & Harrison Email The Coal Authority
Email Inland Waterways Association (Lichfield Branch)
Email The Environment Agency,
Email InStaffs UK Limited Email The Grapevine
Email J S Bloor (Tamworth) Limited Email The Highways Agency
Email Jephson Housing Association Email The Home Builders Federation
Email Jewsons Email The Kettlebrook PRU
Email JLL Email The Lawn Tennis Association
Email JMW Planning Ltd Email The Planning Bureau Limited
Email Job Centre Plus Email The Tamworth and District Civic Society
Email JVH Town Planning Consultants Ltd
Email The Theatres Trust
Email JWPC Limited Email Thomas Vale Construction
Email King Sturge Email Torc Vocational Campus
Email Kirkwells - town planning and sustainable development consultants
Email Turley Associates
Email Lambert Smith Hampton Email Tweedale Limited
Email Landau Forte Academy (Amington) Email Tyler-Parkes Partnership
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Email Landau Forte Academy (Qems) Email UKIP Tamworth
Email Liberty Stones, Fisher Germa, Chartered Surveyors
Email Unpaid Work
Email Lichfield & Tamworth Chamber of Commerce
Email Unpaid Work Unit
Email Lichfield Diocesan Board of Finance Incorporated
Email Victorian Society
Email Lichfield District Council Email Vocational Centre
Email Local Dialogue LLP Email Waldrons Limited
Email Local Education Authority Email Walton & Co
Email Lockett Associates Email Walton Homes
Email London Midland Email Warwickshire County Council
Email Lovell Partnerships Limited Email Warwickshire Wildlife Trust
Email Mabec Property Email Waste Disposal Authority
Email MADE Email Waste Planning Authority
Email Marrons Email Waterloo Housing Group
Post Adlington Planning Team Post P & LT Smith Ltd
Post AEA Group Post MADE
Post Age UK South Staffordshire Post Marrons
Post Airwave Mm02 Ltd Post Mason Richards Planning
Post Aldi Stores Ltd Post Mather Jamie Chartered Surveyors
Post Ancient Monuments Society Post Maximity
Post Ankerside Shopping Centre Post Merevale & Blyth Estates
post ASDA Post Midland Heart
Post Asda Post Mono Consultants Ltd,
Post Aucott Group Post Morris Homes
Post B&Q Plc Post National Grid
Post Bellway Homes Ltd Post Natural England
Post Birmingham City Council Post Redbourn Group Ltd
Post Bromford Carinthia Housing Association
Post North Warwickshire Borough Council
Post Bromford Group
Post O2 - Telefonica UK Ltd Core Strategy Team
Post Burton Police Station Post Peacock and Smith
Post Business Enterprise Support Post Pension Service
Post Carillion Services Post Persimmon Homes
Post Central England Co-operative Society Post PINS
Post Chris Greenhalgh Building design Post Planning Potential Ltd
Post Community Transport Services - Tamworth
Post PSG
Post Conservation Area Advisory Committee
Post RE Matthews Ltd
Post Coopers Property Co Ltd Post RPS Planning
Post Council for British Archaeology
Post Staffordshire Fire and Rescue Service Headquarters
Post DEFRA Post Severn Trent Water
Post Destination Tamworth Post Shortland Parsley
Post E.ON Central Networks Post Simon Bridgens Engineering Ltd
Post EE Post Social Care & Health
Post Endrantica Post South Staffs PCT
Post Fazeley Parish Council Post Sport England
Post Forge Stove Enamelling Ltd
Post Staffordshire & Stoke-on-Trent Partnership Trust
Post Freeth Cartwright LLP Post Staffordshire Blind
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Post Freight Transport Association Post Tamworth Civic Society
Post Friends of the Earth
Post Staffordshire County Council - Rights of Way
Post FS Motor Bodies Post Staffordshire Highways
Post GEORGE WIMPEY MIDLAND LIMITED
Post Staffordshire Police
Post George Wimpey Uk Ltd Post Staffordshire Youth Service
Post Gilbert Transport Services Ltd
Post Stoneydelph Trinity & Wilnecote Branch Labour Party
Post Hallam Land Management Ltd Post The Planning Bureau
Post Hanover Housing Association Post Stormking PLastics Ltd
Post Homezone Housing Limited Post The Stroke Association
Post Howkins & Harrison Post Tony Thorpe Associates
Post iPlan Solutions Limited Post Tamworth Baptist Church
Post Javelin Group Post Tamworth Deanery
Post Job Centre Plus Post TORCH
Post Jorden Salata Graham Post Tamworth Enterprise College
Post KJD Solicitors Post Tamworth Fire Station
Post L.E.A. Post Tamworth Herald
Post Marks and Spencer Plc Post The Coal Authority
Post McCarthy & Stone (Developments) Ltd
Post The Planning Bureau Limited
Post Mercian Ability Partnership Post The Theatres Trust
Post Middleton Parish Council Post Tweedale Limited
Post Midshire Associated Properties Post UKIP Tamworth
Post Mile Oak Sea Scouts Post Unpaid Work
Post Natural England Post Vocational Centre
Post Npower Post Waste Planning Authority
Post NTL Post West Midlands Bird Club
Post Ofcom Post Waterloo Housing Group
Post Opus Joynes Pike Post WFS Telecom Ltd
Post Wilnecote High School
Post WYG Environment Planning
Post WM Morrison Supermarkets Plc
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Appendix B: Copy of the Consultation letter for the Draft Charging Schedule consultation.
Communities, Planning & Partnerships Please ask for: Matthew Bowers Direct dial: 01827 709276 E-mail: [email protected] 14 October 2015 Dear Sir/Madam TAMWORTH COMMUNITY INFRASTRUCTURE LEVY - DRAFT CHARGING SCHEDULE Community Infrastructure Regulations 2010 (as amended) Regulation 16. I am pleased to inform you that the Council will be carrying out a public consultation on the Draft Charging Schedule (DCS). This consultation will run for 6 weeks from 23 October 2015 to 4 December 2015. The Council, as a Local Planning Authority, is preparing a Community Infrastructure Levy (CIL) charging schedule. CIL is a new charge that local authorities can place on development in their area. The money generated through the levy will contribute to the funding of infrastructure to support growth and the community. Consultation was held on a Preliminary Draft Charging Schedule for Tamworth between October and December 2014. The comments received and additional viability work carried out have informed the preparation of the DCS. The DCS sets out the proposed charging rates for Tamworth. The Council considers that these rates strike an appropriate balance between contributing to funding infrastructure and not putting development viability in Tamworth at risk. The DCS is also accompanied by the policies that the Council propose to adopt if CIL is approved. Representations to this consultation can be made by completing a response form and either e-mailing or posting it back to us using the relevant address below. Following the close of the consultation, responses will be collated and then considered by an independent inspector at an examination. Any respondent may request the right to be heard by the examiner or request to be notified at a specified address: (i) that the Draft Charging Schedule has been submitted to the examiner in accordance with section 212 of the Planning Act 2008,
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(ii) the publication of the recommendations of the examiner and the reasons for those recommendations, and (iii) the approval of the Charging Schedule by the Council. The DCS, its evidence base and response forms are available to view on the Council’s website. http://www.tamworth.gov.uk/CIL The DCS and accompanying documents will also be available at the following locations from 21 October 2015 at the usual opening times:
• Tamworth Borough Council, Marmion House, Lichfield Street, Tamworth, B79 7BZ
• Tamworth Library, Corporation Street, Tamworth, B79 7DN
• Wilnecote Library, Wilnecote High School, Tinkers Green Road, Wilnecote, Tamworth, B77 5LF
• Glascote Library Caledonian, Glascote, Tamworth, B77 2ED If you do not wish to receive further correspondence relating to the development and examination of the Tamworth DCS please contact us using the details below. If you have any queries about the DCS please contact the Development Plan Team on: Tel: 01827 709311 e-mail [email protected]. or by post: DCS Consultation Planning and Regeneration Tamworth Borough Council Marmion House Lichfield Street Tamworth B79 7BZ Yours sincerely Matthew Bowers Head of Planning and Regeneration
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Appendix C- Copy of the Response form for the Draft Charging Schedule consultation.
Tamworth Community Infrastructure Levy Draft Charging Schedule
The Council, as a Local Planning Authority, is preparing a Community Infrastructure Levy (CIL) charging schedule. CIL is a new charge that local authorities can place on new development in their area. The money generated through the levy will contribute to the funding of infrastructure to support growth and the community. A Draft Charging Schedule has been developed which sets out the proposed charging rates for Tamworth. The Council considers that these rates strike an appropriate balance between contributing to funding infrastructure and not putting development viability in Tamworth at risk. We encourage respondents to this consultation to submit their comments using the electronic (word) version of this form. Any electronic forms which are not received in this preferred format will be returned and requested to be re-sent, please do not send a PDF. This request is to ensure efficiency of the process. Following the close of the consultation, responses will be collated and then considered by an independent inspector at an examination. Any respondent may request the right to be heard by the examiner or request to be notified at a specified address: (i) that the Draft Charging Schedule has been submitted to the examiner in accordance with section 212 of the Planning Act 2008, (ii) the publication of the recommendations of the examiner and the reasons for those recommendations, and (iii) the approval of the Charging Schedule by the Council. Please refer to Draft Charging Schedule and evidence when completing this form. These are available at the following locations during normal opening hours:
• Marmion House, Lichfield Street, Tamworth
• Tamworth Library, Corporation Street, Tamworth
• Glascote Library, Caledonian, Glascote Heath
• Wilnecote Library, Wilnecote High School, Tinkers Green Road, Wilnecote
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You can also view it on Tamworth Borough Council’s website: http://www.tamworth.gov.uk/CIL You can make your representation in one of two ways: By e-mailing an electronic version (both Word and PDF formats are acceptable) of this form back to the Council – [email protected] Or by paper copy of the form, either an original, a photocopy or one that has been downloaded from the Council’s website. Please return the form to: DCS Consultation Planning and Regeneration Tamworth Borough Council, Marmion House, Lichfield Street, Tamworth B79 7BZ The closing date for representations is 5pm on Friday 4 December 2015.
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Name
Organisation
Address
Postcode
Telephone No.
E-mail address
FOR OFFICE USE ONLY
Respondent Number
Representation Number
Date Received
Q1 Do you consider that the proposed charge rates are reasonable?
Yes: No:
If you have answered no to this question you must provide the evidence necessary to support or justify your comment and suggested change(s). Please be as precise as possible. Continue on a separate sheet of paper if necessary. Please give your comments below.
Please continue on another sheet if required
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Q2 Based on the supporting economic and viability evidence, and the assumptions used, do you consider that the Draft Charging Schedule will achieve the correct balance between securing the funds to help deliver the necessary infrastructure, to support planned growth in Tamworth, and encouraging new development?
Yes: No:
If you have answered no to this question you must provide the evidence necessary to support or justify your comment and suggested change(s). Please be as precise as possible. Continue on a separate sheet of paper if necessary. Please give your comments below.
Please continue on another sheet if required
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Q3 Are there any projects or types of infrastructure that you think should be included on the Draft Regulation 123 List? Please provide relevant details to support their proposed inclusion on the list.
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Please continue on another sheet if required
Q4 Should the Charging Schedule be accompanied by the proposed ‘instalments policy’ for the payment of CIL charges i.e. larger schemes being able to phase payments alongside the phasing plans of the development?
Yes: No:
Please provide any relevant supporting information below. Continue on a separate sheet of paper if necessary.
Please continue on another sheet if required
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Q5 Should the Charging Schedule be accompanied by the proposed ‘exceptional circumstances’ policy to provide relief to sites with high abnormal costs?
Yes: No:
Please provide any relevant supporting information below. Continue on a separate sheet of paper if necessary.
Please continue on another sheet if required
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Q6 Should the Charging Schedule be accompanied by the proposed ‘payment in kind’ policy to accept land or infrastructure in lieu of payment?
Yes: No:
Please provide any relevant supporting information below. Continue on a separate sheet of paper if necessary.
Please continue on another sheet if required
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Q7 Please provide any other comments you wish to make on the Draft Charging Schedule?
Please continue on another sheet if required
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Q8 do you consider it necessary to participate at the oral part of the examination?
Yes: No:
If you do wish to participate at the oral part of the examination, please outline why you consider this to be necessary, it is the Inspector’s decision who attends the oral part of the examination.
Please continue on another sheet if required
SIGNATURE
DATE
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Appendix D: Copy of the Public Notification of the Draft Charging Schedule consultation on the Borough Council website.
CIL
Community Infrastructure Levy
The Community Infrastructure Levy (CIL) is a tariff upon development which local authorities can
charge in order to raise funds to contribute to the delivery of new infrastructure, which arises as a result
of development in an area.
This could be expanded schools, flood defences, sports and recreation facilities and improvements to
the transport network. It is important to understand that the amount of CIL raised will not cover all of
the funding required to pay for new infrastructure, but will be part of a wider package of finance
measures which will come from a range of sources.
The CIL works by charging a set rate per square metre of eligible development involving a net increase
of 100 square metres and above of floor space.
Draft Charging Schedule
The Council consulted on a Preliminary Draft Charging Schedule (PDCS) between October and
December 2014. The comments received and additional viability work carried out have informed the
preparation of a Draft Charging Schedule (DCS).
The DCS sets out the proposed charging rates for Tamworth. The Council considers that these rates
strike an appropriate balance between contributing to funding infrastructure and not putting
development viability in Tamworth at risk. The DCS is also accompanied by the policies that the
Council propose to adopt if CIL is approved.
The Council is consulting on the Draft Charging Schedule (DCS). This consultation runs for 6 weeks
from Friday 23rd October to Friday 4th December 2015.
• Draft Charging Schedule
Evidence base
The Council has produced a single report (Whole Plan Viability, Affordable Housing and CIL Study,
2014 WPV) which establishes the impact of the Local Plan on development viability, recommends a
range of appropriate levels of affordable housing as to not impact on development viability and
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demonstrates a range of potential CIL charging rates on different types of development. The three
aspects of the report were all produced together and therefore the cumulative viability impacts each
issue may have on development have been assessed together.
The latest version of the Local Plan is the Pre-Submission Local Plan, which is currently under
examination. Within the Local Plan is the Infrastructure Delivery Plan, which sets out a range of
strategic and local infrastructure items which support the Local Plan and also highlights key
infrastructure which potentially could be funded in part by CIL.
The Policies Map defines the location of out-of-centre retail in Tamworth.
• Whole Plan Viability, Affordable Housing and CIL Study
• Whole Plan Viability, Affordable Housing & CIL Addendum, 2015
• Pre-submission Local Plan - Infrastructure Delivery Plan
• Pre-submission policies map
• Pre-submission policies map: town centre inset
• Tamworth Draft Charging Schedule Infrastructure Delivery Plan
• Tamworth Section 106 Statement
The DCS and accompanying documents will also be available at the following locations from 20
October 2015 at the usual opening times:
• Tamworth Borough Council, Marmion House, Lichfield Street, Tamworth, B79 7BZ
• Tamworth Library, Corporation Street, Tamworth, B79 7DN
• Wilnecote Library, Wilnecote High School, Tinkers Green Road, Wilnecote, Tamworth, B77
5LF
• Glascote Library Caledonian, Glascote, Tamworth, B77 2ED
How to comment
Representations can be made by completing the response form. Please email it or post it back to us
using the relevant address below.
Any respondent may request the right to be heard by the examiner or request to be notified at a
specified address:
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(i) that the Draft Charging Schedule has been submitted to the examiner in accordance with section 212
of the Planning Act 2008,
(ii) the publication of the recommendations of the examiner and the reasons for those
recommendations, and
(iii) the approval of the Charging Schedule by the Council.
• Email: [email protected]
• Post: DCS Consultation, Planning and Regeneration, Tamworth Borough Council, Marmion
House, Lichfield Street, Tamworth, B79 7BZ
If you have any questions please e-mail the Development Plan team or telephone 01827 709311
Next steps
Following consideration of all comments received by the deadline the Council will submit the DCS for
examination by an Independent Inspector.
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Appendix E- Summary of Representations duly received in relation to the CIL Draft Charging Schedule
Name Summary of comments Response to comments
Barton Wilmore on behalf of Taylor Wimpey
• Additional wording should be inserted into the charging schedule to make it clear that CIL payment will not be sought from sites outside of the Tamworth borough boundary.
There is no provision within the CIL regulations to allow for CIL to be charged in areas outside of the authority’s boundary. The chargeable area is also set out on the map at Appendix A.
Bilfinger GVA on behalf of B & S Aucott
• The viability work which underpins the CIL charging schedule was carried out at a very high level and does not accurately reflect the viability of the Dunstall Farm scheme.
• Almost all CIL projects are either not relevant to land at Dunstall Farm or are already addressed through requested S106 contributions.
• Significant concerns over the viability of the Dunstall Lane scheme if it is expected to deliver s106 contributions, CIL and 25% affordable housing.
• Request that the Dunstall Farm scheme should be added to the list of development which is exempt from CIL. This would bring the site in line with the other three S.U.E.s in the Borough and would allow the significant S.106 package and affordable housing to be delivered in accordance with the Council’s requirements.
An outline application has been submitted for development of this site and the landowners have entered into negotiations over a S106 agreement. An agreement is likely to be reached before the CIL examination and so no further action would be required at this stage.
Birmingham City Council
• No comments. No action required.
Mr C Smith • It is entirely unreasonable to change struggling residents any extra charges. Council tax is already too high. You must not make local residents any poorer. It's unacceptable to apply extra charges.
It appears the respondent may have misunderstood the purpose of the levy.
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No action required.
Mr A Palmer, Distinctive Property Development Ltd
• Pleased that the schedule has changed to avoid penalising people who wish to build their own home. The schedule is much less ambiguous in this regard.
The exemption for self-build housing was inserted into the Regulations by The Community Infrastructure Levy (Amendment) Regulations 2014. No action required.
Equality and Human Rights Commission
• No clear or significant equality or human rights concern.
No action required.
Highways England
• Previous responses have noted that there are a number of key sections of the Strategic Road Network which will likely be impacted by development in Tamworth and that highways improvements on the M42 and A5 will be necessary, in order to accommodate the individual and cumulative traffic impacts of future development.
• The nature of these improvements has however not been defined and further assessment work will be necessary in order to define appropriate mitigation strategies and specific measures. On this basis, Highways England is content that there are currently no Strategic Road Network (SRN) schemes included on the Regulation 123 List.
• It is anticipated that infrastructure needs associated with future developments will need to be defined through the transport assessment process, and that any requisite infrastructure can be expected to be delivered through traditional Section 106 Obligations and Section 278 Agreement mechanisms.
• Highways England remains committed to ongoing engagement with the Council to
The comments of Highways England are noted. The Regulation 123 List is based on the Infrastructure Delivery Plan. This document is being reviewed and Highways England’s comments will be considered as part of this review.
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ensure an up to date Regulation 123 list is maintained and updated on a regular basis.
• No objection in principle to the proposed ‘payment in kind’ policy recognising that this will need to be considered on a case by case basis.
• The document should acknowledge the role of relevant stakeholders, including infrastructure providers such as Highways England in reaching any decision on the appropriateness of this option in any given circumstances.
• Highways England welcomes the additional clarity in para 7.3 of the CIL Consultation Document confirming the exception of S278 Agreements from the current pooling restrictions. It would be helpful for this clarity to also be provided in any future update to the Council’s ‘S106 Agreements Statement’ (April 2015) and for this document to also recognise the inter-relationship of S278 Agreements to the infrastructure delivery process.
Historic England
• Consider identifying ways in which CIL, and S106 agreements can be used to implement the Borough’s policies and proposals relating to the conservation of Tamworth’s historic environment, heritage assets, including their setting.
• Recommend that the Regulation 123 list refers to the conservation and enhancement of Tamworth’s historic environment, heritage assets, including their settings to support the funding of appropriate initiatives.
• Recognise that an exceptional relief policy is referred to in paragraph 5.2 and it may be worthwhile to include some examples of what this may include.
The comments of Historic England are noted. The Regulation 123 List is based on the Infrastructure Delivery Plan. This document is being reviewed and Historic England’s comments will be considered as part of this review.
Indigo • Object to the rate proposed for retail The comments were
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Planning on behalf of The Trustees of J.B. Aucott
development and the lack of justification for this rate.
• The PBA Whole Plan Viability, Affordable Housing and CIL Study Final Report has sourced information including sales price, rent and yield from the EGI Focus web searches on recent deals. The figures shown in the report are limited and/or incomplete. We consider the basis for the proposed retail rate is flawed and needs to be reassessed with complete figures with more variety of retail units outside of the town centre.
• Object to the proposed CIL rates for retail development as we believe it will threaten the viability of retail development in the Borough.
• Retails rates for other nearby local authorities are lower.
• It is unreasonable that the proposed CIL could act to restrict development that is otherwise acceptable, as this is unacceptable and unjustified and contrary to Government policy. In the current economic climate, local authorities should be encouraging investment and job creation.
• Consider that the rate should be set below £100 for food retail and £70 for non-food retail to be in line with the CIL rates proposed in the surrounding areas.
• Consider that a cap of £100,000 per scheme should be set for the total amount of money that can be contributed by retail developments out of centre through CIL rates. This should be based on a robust assessment of viability, taking into account that developers will still also be contributing to significant funds towards Section 106 contributions
considered as part of the updated viability report. The updated report confirms that the proposed rates would be appropriate.
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• Welcome the inclusion of an instalments policy on the draft charging schedule and consider that the Council needs to take a flexible approach to the implementation of this policy such that the individual circumstances of developers are accounted for.
• The inclusion of discretionary relief for exceptional circumstances is welcomed. We note the charging schedule states “the Council proposes to offer a process to give relief from CIL”. It is requested that the wording of this section of the charging schedule is revised to provide greater certainty that this relief will be provided in appropriate circumstances.
• It is requested that “proposes to” is deleted from this paragraph and replaced with “the Council will offer a process” to ensure the deliverability and viability of complex schemes on brownfield sites such as the subject site are not threatened in line with Regulation 55 of The Community Infrastructure Levy Regulations 2010.
• The inclusion of payment in kind is welcomed. However, the wording of the document states “the Council proposes to accept payments in kind”. This should be replaced with “the Council will offer to accept payment in kind”, to be in line with Regulation 73 of The Community Infrastructure Levy Regulations 2010.
Inland Waterways Association
• Generally content with the CIL proposals and the draft charging schedule.
• Particularly supports the infrastructure project entry in the Draft Regulation 123 List for "Enhanced management, access and interpretation of Birmingham and Fazeley and Coventry Canals"
No action required.
Lichfield • No comments. No action required.
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District Council
Natural England
• Notes the content of the Council’s draft charging schedule and that previous comments (advice letter dated 10 December 2014) in response to the previous consultation largely still apply.
• Note and welcome any entry in the IDP regarding avoidance or mitigation measures for Alvecote Pools SSSI.
No action required.
Network Rail • Consider the inclusion of enhancements at railway stations as a result of increased footfall from both residential and business developments in addition to any highways or green infrastructure works. Enhancements at stations could include (but not limited too) CCTV, Customer Information Systems, HelpPoints, heated waiting shelters, cycle storage, car parking.
The Regulation 123 List is based on the Infrastructure Delivery Plan. This document is being reviewed and Network Rail’s comments will be considered as part of this review.
Sport England
• Would like confirmation that the IDP has been updated post the completion of the Tamworth Sports Strategy to ensure it is up to date.
• Need to be really clear, in terms of defined projects rather than generic infrastructure types, as to what is to be covered by CIL.
• Need to be clear what is not included by CIL (and therefore expected to/can be addressed through S106 contributions).
• Clarify that CIL is not expected to address any compensatory provision to mitigate any losses of sports facilities caused by housing development.
Appendix B includes some generic funding areas which are not sufficiently specific and runs the risk of constraining TBC ability to make the most appropriate use of both tools (whilst avoiding double dipping): • Enhanced facilities at Wigginton Park – what enhancements? This is broad and will
The comments of Sport England are noted. The Regulation 123 List is based on the Infrastructure Delivery Plan. This document is being reviewed and Sport England’s comments will be considered as part of this review.
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prevent you seeking S106 contributions for any qualitative works to the park. Given this park is a key Rugby site it would be of concern to Sport England. • Off-site maintenance/improvement of existing recreation open space – because this does not name specific projects/sites the inclusion of this broad statement could exclude TBC from seeking ANY S106 contributions for open space improvements. TBC should consider removing this and replacing it with specific named projects. • Multi-purpose community use leisure centre – whilst this is a specific project and is justified as being on the CIL list (as 5 pooled S106 agreements are unlikely to generate sufficient ££ to deliver the project) there are some concerns. Can you now be more specific about the location of the new leisure centre? Will CIL generate sufficient monies to support the delivery of the project? Can you combine anticipated CIL receipts from existing S106 contributions already sought to deliver this project? Note, one this is on the approved CIL 123 list you will not be able to raise any more contributions through S106. • Bowling Green provision in the south of Tamworth – this is a bit vague – how many greens, what type (flat or crown) and do you have a site? If this can be more specific it should be OK as long as you know you don’t need a bowling green anywhere else in the Borough as inclusion on the 123 list would preclude seeking S106 contributions to deliver anymore. If this is informed by the up to date Sports Strategy then it should be OK. • Tennis Court provision – this is too broad – how many, where etc. I would either be project specific as informed by the updated Sports Strategy or exclude this and rely on S106 to meet any need.
Staffordshire County Council
• No further comments to make on the proposed charge rates.
• It is acknowledged that the draft R123 list at this stage is simply listing broad categories of infrastructure that CIL could be spent on. It will be important that the
The comments of Staffordshire County Council are noted and will be taken into consideration when reviewing the Regulation 123 List.
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R123 is worked up into more detail to remove generic infrastructure typologies and move towards more specific projects to allow the development management process to operate effectively.
In relation to transport infrastructure the R123 will need to consider the following: - The Ventura Park/Town Centre/Rail Station Corridor Local Transport Package should exclude the walk/cycle link between the Dunstall Lane development site and Lichfield Road as this will be delivered as sites specific mitigation for the urban extension site; - Enhanced management, access and interpretation of Birmingham and Fazeley and Coventry Canals should exclude works associated with Dunstall Lane and Golf Course development sites, as these will be delivered as sites specific mitigation for the urban extension sites; - Town Centre Public Realm Enhancements Focusing on Key Gateways and Corridors. This requires clarification as to what ‘public realm’ includes, it should not affect the ability to receive S106 contributions and/or planning conditions for schemes related to capacity and safety; parking improvements etc; - Employment Area Renewal – this requires clarification as to the type of interventions or projects are anticipated before we can comment fully; - Exploring Tamworth – clarification is sought on the specifics of what this project contains. We would also welcome the involvement of our Public Rights of Way section to explore all opportunities; - The Central Rivers Initiative projects identified in Tamworth should not preclude the opportunity to receive S106 contributions to deliver the Tamworth to Lichfield cycle route which goes adjacent to the Dunstall Lane development site.
• It will be important to ensure that the R123 list is worded such that the impact of development proposals over the Local Plan allocation in the urban area to the South of
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Tamworth, including the areas of Dosthill and Wilnecote, can be dealt with on their merits as a CIL payment will not be sufficient mitigation.
• With regards to flood risk at this point, we do not have any specific schemes to feed into the 123 list, but would suggest that Drainage and Flood Alleviation Projects could be included upon the list, to help towards securing contributions for Lead Local Flood Authority schemes, such as pumping stations and strategic watercourse or flood storage improvements, that may be necessary due to the cumulative effect of development within the Tamworth Borough area.
The cumulative impact of development may mean that there is a need to upgrade existing drainage infrastructure, not within the gift of a particular application, to ensure flood risk is not exacerbated elsewhere. Although we do not have any specific current defence / alleviation schemes that could feed into the R123 - there could be provision in the future to set aside strategic parcels of land in lieu of CIL contributions for any works on Tame tributaries for improvement works and flood alleviation benefit. There may wish to be further consideration of the relationship between CIL and the use of s106 related to flood defences and other flood risk solutions, in partnership with ourselves and the Environment Agency. It is suggested that a meeting be convened between our two Authorities to discuss the content of the R123 list and options for governance of CIL project prioritisation and funding allocations.
Tetlow King Planning on behalf of Rentplus
• Inclusion of an Affordable Housing Statement and how this should be considered in the context of CIL, boosting housing supply and meeting local housing need.
• Tamworth could erroneously classify Rentplus as not being affordable housing.
Affordable housing is exempt from CIL. Any development that can demonstrate that it either in full or in part falls under the definition of
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• Rentplus homes qualify for social housing relief
• Viability study should be updated to include rent to buy and starter homes.
• Proposed Instalments and Payment in Kind policies are supported.
affordable dwellings would be exempt from CIL. This would need to be considered on a case by case basis.
Tetlow King Planning on behalf of West Midlands HARP Planning Consortium
• On the whole we are satisfied with the changes made to the CIL Draft Charging Schedule.
• Believe it would be beneficial for the Council to include a policy to carry out a review of CIL every three years or if there has been a 10% change in house prices, whichever is sooner.
The comments are noted. The charging schedule would be kept under review to ensure that levy charges remain appropriate over time.
The Planning Bureau Limited on behalf of McCarthy and Stone Retirement Lifestyles Ltd
• Council commended on their decision to provide a Viability Assessment of Specialist accommodation for the elderly in the revised CIL.
• Largely in agreement with the overwhelming majority of the viability inputs proposed. However, communal floorspace provision used to test the viability of sheltered/retirement housing has been underplayed.
• Should it be concluded that sheltered/retirement housing with communal floorspace provision of 25% can support a CIL liability of £15 per sqm then we would support the CIL rate as proposed.
• Testing the viability of a 30 unit extra care scheme not in line with the Retirement Housing Group’s (RHG) guidance which advises testing a 40-50 unit scheme at a density of 80-100 dwellings per hectare.
• The 25% premium of extra care accommodation over sheltered/retirement housing should not be limited to an uplift of sales value per sqm but to the entire unit.
• Sales values in excess of £2,590 across the borough appear to be representative of
Following the comments received from McCarthy and Stone, the rate set for retirement homes and extra care units has been reviewed and the requirement for CIL for this type of development has been reduced to nil (See PBA Technical Note 26th May 2016).
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the ‘premium’ end of the market.
• Should it be concluded that Extra Care accommodation with sales values of £2,446 can support a CIL liability of £15 per sqm then we would support the CIL rate as proposed.
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Appendix F: Copy of the Public Notice placed in the Tamworth Herald and published on 22 October 2015