-Preston Implementing CIL Jan 2016 – Mike M

1. PAS CIL Seminar
Leeds 7 January 2016
Implementing CIL
Mike Molyneux
Planning Policy Manager
Preston City Council

2. Location

4. Planning background
• Central Lancashire Core
Strategy – Joint CS
Preston, South Ribble &
Chorley Councils –
NPPF compliant
• Joint Advisory
Committee
• LCC had observer status
throughout preparation
• Infrastructure delivery
plan and schedule
formed basis for CIL
draft Reg. 123 list

5. Planning background

6. Planning background
• Preston, South Ribble and
Lancashire City Deal II agreement
signed 2013 – delivery from March
2014
• Ambition
– Grow local economy £1bn
– 20,000+ new jobs
– 17,000 new homes
– Highway, transport and community
infrastructure
• CIL receipts factored into
infrastructure delivery
• Central Lancashire Advisory
Committee is an important part of
Governance arrangements. LCC
has full member status for City
Deal related issues

7. CIL background
• Joint Examination of three Central Lancashire Charging Schedules
April 2013
• Approved charges:
– Residential £65 psm (Inner Preston Zone £35 psm and
apartments £nil)
– Convenience retail store £160 psm
– Retail warehouse, retail park and neighbourhood convenience
store £40psm
– All other uses £nil
• CIL came into effect in Preston on 30 September 2013

8. Implementing CIL
• Lead in time to bring CIL into effect
– Ensure sufficient time to enable planning
applications that are in the system to be
determined
– CIL will come as a surprise to developers,
particularly for development where no S106
requirements
– Key issues to determine lead in time:
• Range of uses included in CIL charging schedule
• Prioritise applications

9. Implementation Issues
• Know the regulations and keep up to date
– Amendments every year since Regulations
first published in 2010
• Familiarisation with the forms
– Planning Portal website & PPG
• Don’t underestimate how much
developers/applicants will not know
• CIL is time consuming

10. Some common questions
• Does CIL apply to garages?
• What about the roof space?
• Does CIL apply to a renewal of planning
permission first granted before the
charging schedule came into effect?
• Part of a site is sold to another developer
after pp and before commencement– who
is responsible for apportioning the CIL?

11. Involving others
• Collecting CIL is a team activity
– Planning –
• ensuring the relevant forms are received at the
right time:
• Two developers in Preston who did not send a
commencement notice before starting on site
• Timely response to claims for exemption/relief
• Co-ordinating collection and spend
• Reporting

12. Involving others
– Revenues – collection
– Finance – accounting for CIL & distribution of
share to Local Councils
– Legal – chasing up debts

13. Spending CIL
• Regulation 123 list
– Be clear about what goes on the list – get
agreement early for Infrastructure Delivery
Plan
– Be precise about describing infrastructure on
the list, by type and location – SSCLG appeal
decision at Warton, Fylde re education
provision (Land at Blackfield End Farm,
Church road, Warton, 2217060)

14. Appeals
• Seven grounds
– Four to VOA;
• Appeal against the chargeable amount or failure to
notify
• Appeal against apportionment of liability
• Appeal against a decision regarding charitable
relief
• Appeal against a decision on exemption for an
extension or self build

15. Appeals
• Seven grounds
– Three to PINS
• Surcharge
• Deemed commencement
• CIL stop notice

16. Appeals
• Two appeals so far in Preston
• Both by householders
• Both against deemed date of
commencement
• PINS appeals by written reps & dealt with
by enforcement team

17. Appeals
• Appeal 1 (APP/N2345/L/14/1200007)
– Large extension incorporating a swimming
pool – Allowed on appeal dated 3.10.2013,
over de minimis and development
commenced in February 2014 before
amendment regulations introduced
exemptions for extensions.
– Appellant tried to claim work had not started
and therefore should be allowed to benefit
from exemption

19. Appeals
• Appeal 1
• Inspector concluded that it was clear that
work had commenced before February
2014
• Appeal was made on 19 February 2014.
Decision issued 5th
June 2014.

20. Appeals
• Appeal 2 (APP/N2345/L/14/1200019)
– First planning permission granted August
2011 for erection of a detached dwelling –not
implemented
– Second permission granted 4.2.14; in August
2014 S73 permission to vary a condition
granted
– Liability for CIL not disputed

21. Appeals
• Appeal 2
– Appellant argued that the demand notice
issued by the authority was incorrect as it
referred to the February 2014 permission
rather than the August 2014 S73 permission
– Appellant had provided evidence that the
development had commenced in June 2014

22. Appeals
• Appeal 2
– Paragraph ID 25-007-20140612 of the
Planning Practice Guidance: developers can
amend a condition attached to a planning
consent under s73 of the Act. If the s73
permission does not change the liability to the
levy, only the original consent will be liable. If
the s73 permission does change the levy
liability, the most recently commenced
scheme is liable for the levy.

23. Appeals
• Appeal 2
– No claim for a self-build exemption
– Inspector concluded that given the timing of
commencement it was probable that it
commenced pursuant to the February 2014
permission
– Appeal made November 2014 & decision
June 2015
– Appeal dismissed

24. Implementing CIL
Any Questions
??