Out-Law News 1 min. read
07 Jan 2015, 4:44 pm
Following examination hearings held in June and October, examiner Philip Staddon issued his examination report (19-page / 123 KB PDF) on the DCS last month. He said that two modifications were necessary to enable the DCS "to provide an appropriate and viable basis for the collection of the levy in the area".
The inspector said that the Borough had provided sufficient evidence to support its proposed rates in the seven charging zones outlined in the DCS, with two exceptions. Firstly, Staddon raised concerns about the prospects for development at the Kensal strategic site, which had been allocated for more than 2,500 new homes in the Council's core strategy.
In light of the Borough's recognition that "there may be viability issues at Kensal", the inspector recommended that an eighth charging zone be created around the site, with a nil rate for all types of development.
Staddon also found "no evidential basis, or positive purpose" of the Borough applying a charge of £20 per sq m for extra care residential development in Zone E, covering an area of West Kensington and Zone F, covering parts of North Kensington and Kensal Green. The inspector said that such developments were not viable in either area and recommended that the rate be reduced to nil.
The inspector recommended that the Borough should undertake an early review of its CIL regime following adoption of the DCS, in order for the local effects to be monitored, forthcoming revisions to affordable housing policies to be reflected in the regime and the approach to the Kensal strategic site to be revisited.
The Borough said in a statement that it anticipated the modified charging schedule would be approved on 21 January and that CIL would come into effect in April.