To consider the adoption of a Community Infrastructure Levy (CIL) Charging Schedule and supporting policies, alongside approval of a list of infrastructure that may be funded from CIL (Regulation 123 List) for publication and to set a commencement date for charging of 1 January 2019. 

51.1           The report of the Head of Development Services, circulated at Pages No. 94-142, sought adoption of a Community Infrastructure Levy (CIL) Charging Schedule and supporting policies, alongside approval of a list of infrastructure that may be funded from CIL (Regulation 123 List) for publication and to set a commencement date for charging of 1 January 2019.

51.2              The Head of Development Services explained that CIL had been under consideration for a while now and various draft documents had been submitted to Council. In principle, CIL would replace the Section 106 tariff approach for strategic allocations whereas site specific infrastructure, including affordable housing, would continue to be funded by Section 106. The Joint Core Strategy (JCS) authorities had commissioned specialist advisers to advise on the CIL to ensure sites remained viable. The draft charging schedule had been through an examination in public in May 2018 and the subsequent Examiner’s report had been received in July. Further to the report being published with the Agenda for the current meeting, Members had been provided with an amended version of the Charging Schedule to replace Appendix A as previously circulated. The Modified Charging Schedule showed amendments as follows: the affordable housing requirements had been removed from the table of charges at Table 1.1; the “11 dwellings and over” charging category for Generic Sites within Table 1.1 had been changed to “between 11 and 449 dwellings”; and an additional Paragraph 5.4 had been added which made reference to the policy maps. In respect of (i), affordable housing requirements had been included in consultation versions of the document, but should not have been included in the final version.  As regards (ii), the correction was as the Examiner’s recommendations to reflect the insertion of additional category for 450 dwellings or over within Table 1.1.  As regards (iii), policy maps identifying the location and boundaries of the strategic sites had been included within the papers previously issued as an Appendix B, but this would need to become an appendix of the Charging Schedule on adoption to satisfy regulatory requirements. Also attached was an amended version of the Payments by Instalments Policy, which replaced the previously issued Appendix D.  The Reviewed Payment by Instalments was the document being recommended in recognition of concerns about developer cash-flow. In the reviewed policy, for CIL liability of £100,000 or less – 100% would now be due in one instalment within 18 months of commencement of development, rather than 50% within 60 days of commencement of development and 50% within 6 months of commencement of development; for CIL liability between £100,001 to £1,000,000 – 10% would now be due within 60 days of commencement of development and two further instalments of 45% would be due at six and 12 months from commencement of development,rather than 33% within 60 days, six months and 12 months of commencement of development; and for CIL liability of £1,000,001 and above – 10% would now be due within 60 days of development and three further instalments of 30% would be due at six, 12 and 24 months from commencement of development, rather than 25% within 60 days, six months, 12 months and 24 months of commencement of development.

51.3           In making a proposal, the Lead Member for Built Environment thanked Officers and Members for their work in putting together the CIL Charging Schedule and associated policies and proposed that the Council approve the adoption and publication of the Tewkesbury Borough Council Community Infrastructure Levy Charging Schedule modified in line with the recommendations of the Independent Examiner, as set out in the Modified Charging Schedule and Maps at Appendix B; the adoption of the supporting policies: Payment by Instalments (Regulation 69b), as set out in the Reviewed Payment by Instalments Policy; the Request for Review and Appeals (Part 10), as set out at Appendix E; and the Regulation 123 List for Tewkesbury Borough Council for publication, as set out at Appendix F; and the setting of a commencement date for charging of 1 January 2019, in line with Joint Core Strategy (JCS) partner authorities. The Motion was seconded.

51.4           A Member questioned why the CIL only replaced Section 106 in certain circumstances as set out at Paragraph 4.3 of the report. In response, the Head of Development Services explained that anything that was specifically required in respect of a site, like affordable housing, would remain under the Section 106 process; however, something like tariff contributions for cumulative education impacts would be covered by the CIL regime. Members thanked Officers for the clarification amendments which had been circulated separately and, upon being put to the vote, it was

                  RESOLVED          1. That the adoption and publication of the Tewkesbury                                                Borough Council Community Infrastructure Levy Charging                                    Schedule, modified in line with the recommendations of the                                   Independent Examiner, as set out in the Modified Charging                                         Schedule and Maps at Appendix B be APPROVED;

                                                2. that the supporting policies be ADOPTED as follows:                                               Payment by Instalments (Regulation 69b), as set out in the                                    Reviewed Payment by Instalments Policy; the Request for                                      Review and Appeals (Part 10), as set out at Appendix E to                                    the report;

                                                3. that the Regulation 123 List for Tewkesbury Borough Council                                  be APPROVED for publication, as set out at Appendix F to                                    the report; and

                                                4. that the commencement date for charging of the Community                                  Infrastructure Levy be set as 1 January 2019, in line with                                       Joint Core Strategy partner authorities.