The examiner said in his report (10-page / 146KB PDF) that there was "insufficient clear evidence" to support the Council's proposal that a lower CIL charge should apply to retail units of 350 square metres or below.
The DCS sets out a proposed levy of £60 per square metre for retail developments of up to 350 sq m. For retail developments of more than 350 sq m, the proposed rate is £120 per sq m.
The examiner said that although a "small retail unit is a different use to a large retail unit" and although there was no legislation preventing the charging of differential rates for such distinct uses, this would need to be supported by viability evidence. He said the Council's evidence "does not clearly show a significant difference between the ability of small and large retail units to support CIL".
"While the relevant figures in the Viability Assessment show that for small retail units the actual sums of money available for land purchase are relatively small, when looked at in terms of pounds per hectare there appears to be little difference between small and large retail units in terms of viability," the examiner said.
He said that the Council's evidence "indicates that a CIL charge of £120 per sq m is equally viable for both small and large units" and recommended that the DCS is modified to "delete reference to the 350 sq m threshold and the lower charging rate associated with this".
The DCS further sets out proposed charges for residential developments, which the examiner all recommended for approval. The DCS divides the borough into zones for residential charges. Zone A, which covers Littleport and Soham will be subject to a proposed rate of £40 per sq m; Zone B, which covers Ely, will be subject to a proposed rate of £70 per sq m and Zone C, which covers the rest of the district, will be subject to a proposed rate of £90 per sq m. A zero rate levy is proposed for all other uses.
The examiner's report and revised charging schedule are due to be considered at a meeting by the Council's Development and Transport Committee on 3 December and adopted at a full Council meeting on 10 December. The Council said it expects CIL to take effect from February 2013.
