Out-Law News

Examiner approves Hertsmere CIL charging schedule


An examiner has recommended that Hertsmere Borough Council's community infrastructure levy (CIL) draft charging schedule (DCS) is adopted subject to modifications to some of the proposed rates.

Following an examination hearing in October, the examiner issued his report (11-page / 172KB PDF) on the DCS last month. He recommended that the proposed residential rates of £120 per square metre within 'Area A' and a nil rate levy within the Elstree Way Corridor was adopted without changes.

However, he said that viability summaries submitted by the Council indicated that the proposed residential rate of £210 per sq m in 'Area B' was set too high and appeared to be "only marginally affordable". "This is a concern given that the Council confirmed that there would be a range of different sites in this area, with inevitable differences in viability characteristics," he said. The examiner recommended a reduction of the rate in Area B to £180 per sq m.

The examiner approved the proposed rate of £120 per sq m to apply to retirement homes, subject to minor modifications to more clearly define the type of development the levy will apply to.

The other draft rates in the DCS, including £80 per sq m for retail developments; £120 per sq m for hotels and a nil rate levy for all other types of development, were recommended for adoption as proposed.

The Council said that the timetable and details for its adoption of the charging schedule will be made available "in due course".

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