Out-Law News 1 min. read

Examiner's report on Bristol's CIL expected soon


Planning Inspector Nigel Payne's examination report on Bristol City Council's draft Community Infrastructure Levy Charging Schedule is expected soon, following the examination hearings that were held last month. 

The draft Charging Schedule (6-page / 1.3MB PDF) has been strongly opposed by a consortium of seven house builders represented by Savills, which said it has "fundamental concerns" about both the robustness of the viability evidence and the potential implications of the proposed CIL rates.

The draft Charging Schedule proposed two zones for residential development, with each attracting a different levy. Residential development in the 'inner zone' would be levied at £70 per square metre, and residential development in the 'outer zone' would be levied at £50 per sq m.

The Council agreed to amend the proposed charging zones as a result of strong opposition during a consultation on the preliminary draft Charging Schedule. The areas of Easton, Ashley and Lawrence Hill were moved into the 'outer zone', following evidence demonstrating that the sales values in these areas were already significantly less than those set out in the CIL Viability Study.

The Council also reduced its proposed rate for new hospital and care home development to a nil rate per square metre, following criticism from local National Health Service employees. Ambulance infrastructure, such as new ambulance stations, are also proposed to be nil-rated

Despite amendments to the Council's proposed CIL rates in the preliminary draft Charging Schedule, developers are still opposing the Council's proposals.

"We have fundamental concerns regarding both the robustness of the viability evidence and the potential implications that the proposed introduction of the Community Infrastructure Levy rates will have on the delivery of residential development in the City", the House Builder Consortium Group (HBCG) said in a statement on its position. "For the reasons explained in our representations we consider that the draft Charging Schedule fails the two principal tests of the Regulations."

HBCG claims that the viability evidence, which underpins the proposed CIL rates, does not provide an appropriate basis upon which to accurately establish a reasonable CIL Charging Schedule for Bristol.

"The viability report, even predicated upon the inaccurate assumptions used by BNP Paribas, demonstrates that for large areas of the city, the residual land values are insufficient to support the introduction of any CIL charge," HBCG said.

It is also clear that "the viability evidence is fundamentality flawed in a number of respects and fails to represent 'appropriate available evidence' as required by the CIL Regulations 2010," it said.

The most expensive development in the city is retail, for which the Council has proposed a charge of £120 per sq m. This is followed by student accommodation, which is charged at £100 per sq m. "Other chargeable development" is still planned to be charged at £50 per sq m.

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