URL: https://calderdale.moderngov.co.uk/ieDecisionDetails.aspx?ID=309

Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose:

Content: Councillor Patient, Cabinet Member with responsibility for Climate Action and Housingpresented a written report of the Director, Regeneration and Strategy that set out the continuation of proposals to introduce Community Infrastructure Levy (CIL) across Calderdale and to undertake the necessary regulatory processes through the publication of the updated Draft Charging Schedule (DCS), Appendix 1 to the report, in accordance with the CIL Regulations 2010 (as amended) (the “CIL Regulations”).   The initial CIL Draft Charging Schedule was submitted alongside Viability Assessments and the Infrastructure Delivery Plan to government in readiness for the CIL Examination in Public alongside the Local Plan back in January 2019. However, the CIL Examination was paused until the adoption of the Local Plan. The Examination of the Local Plan was delayed partly by Covid and lasted four years.   The new Local Plan was adopted in March 2023 and the proposal to pursue CIL to Examination had recommenced. Since the CIL was originally submitted for Examination, there had been changes to the CIL Regulations.   The changes to the CIL Regulations included:   ·       the removal of pooling restrictions for S106 obligations (i.e. the requirement that no more than five S106 obligations could fund a single infrastructure project); ·       removing the need for a Regulation 123 list (i.e. a list of infrastructure projects to be funded by CIL as opposed to S106); and ·       introducing a new requirement to produce an annual Infrastructure Funding Statement.   CIL was a discretionary measure allowing local authorities to apply a fixed levy to all new developments unless these were exempted by the Regulations or zero-rated as part of the Charging Schedule. The process for adopting a CLT [SS1] was set out in the Planning Act 2008 and the CIL Regulations. The final adoption of a Charging Schedule for CIL would require approval of Council. The publication of the updated Draft Charging Schedule at Appendix 1 of the report, signalled the Council’s ongoing policy intent to introduce the Levy.  The report provided background information and outlined options considered, consultation and financial, legal, environmental, health, economic, equality, and diversity implications.   RESOLVED that:   (a)    the regulatory and administrative processes involved in bringing forward a Community Infrastructure Levy (CIL) be continued;  (b)    the Draft Charging Schedule at Appendix 1 of the report, be released in accordance with the CIL Regulations for consultation over a minimum of 6 weeks, be agreed; (c)    delegated authority be given to the Director of Regeneration and Strategy in consultation with the Cabinet Member with responsibility for Climate Action and Housing to make any additional necessary minor textual, graphical, presentational or layout amendments to the Draft Charging Schedule prior to consultation; and delegated authority be given to the Director of Regeneration and Strategy in consultation with the Cabinet Member with responsibility for Climate Action and Housing, to make any modifications to the Draft Charging Schedule following the statutory consultation, and prior to submission to Council for approval, and once approved by Council, to submit to the Planning Inspectorate for Public Examination.  

Date of Decision: December 9, 2024