Out-Law News 1 min. read

Mid Devon consults on revised CIL preliminary draft charging schedule


Mid Devon District Council has published a revised community infrastructure levy (CIL) preliminary draft charging schedule (PDCS) for consultation, proposing to set rates of up to £100 per square metre for residential development.

The Council had previously approved a CIL charging schedule for adoption on 26 February 2014, with implementation expected on 1 June. However, the Council's cabinet decided (4-page / 27 KB PDF) on 28 May not to adopt the schedule after a viability study found the proposed rate of £40 per sq m for residential development would provide less money towards infrastructure than would be the case if it continued to use section 106 agreements until the government's CIL adoption deadline of April 2015.

Under the revised PDCS (4-page / 7.8 MB PDF), a nil rate is proposed for all development on large strategic sites that have been suggested for inclusion in the Council's upcoming Local Plan. These sites include an urban extension and land around Hartnoll Farm, situated to the east of Tiverton; two sites to the west and the east of Cullompton; and land at Junction 27 of the M5, near Willand.

The varying residential rates proposed in the PDCS depend on whether a renewable energy policy under the Council's adopted Local Plan survives in the emerging draft Local Plan  and whether the government introduces a 10-house threshold for the provision of affordable housing.

The Council's adopted Local Plan requires developments of 10 or more dwellings to make provision for at least 10% of the energy used in new development to come from decentralised on-site renewable or low-carbon energy. If this policy is retained in the emerging Local Plan, the PDCS proposes a rate of £40 per sq m for residential development. If the emerging plan does not include a renewables policy, a rate of £60 per sq m is proposed.

Should the government introduce a 10-house threshold for the provision of affordable housing, the PDCS proposes a separate rate for developments with fewer than 10 homes: a residential development rate of £80 per sq m would then apply to small developments under the current renewable energy policy, or £100 per sq m should the renewable energy policy be removed in the emerging Local Plan.

Convenience-based supermarkets and superstores and retail warehousing outside strategic sites will be charged a rate of £100 per sq m under the proposals. A nil rate is proposed for all other development in the district.

The consultation on the PDCS is open until 11 July.

The Council proposes to produce a draft charging schedule at the same time that it publishes its submission version of the emerging Local Plan for consultation. The submission draft Local Plan is expected to be considered in meetings of the Council's cabinet in August and at a full Council meeting in September.

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