Out-Law / Your Daily Need-To-Know

Residential developments within Spelthorne Borough Council which are not subject to affordable housing requirements will be charged higher community infrastructure levy (CIL) rates than those developments which do provide an element of affordable housing under proposals published by the Council. 

The Council launched a consultation on its CIL preliminary draft charging schedule (PDCS) (21-page / 563KB PDF) earlier this month. It has proposed to create three separate charging zones for residential developments and to apply two charges in each zone depending on whether a chargeable development has 15 or more units, which makes it subject to the Council's affordable housing policy.

For developments of fewer than 15 units , the Council has set draft rates of £100 per square metre in Zone 1, covering Stanwell and Stanwell Moor; £140 per sq m in Zone 2, covering Staines-upon-Thames, Ashford and Laleham; and £160 per sq m in Zone 3, covering Shepperton and Sunbury on Thames.

For developments of 15 or more units , the proposed rates are a nil rate levy in Zone 1; £40 per sq m in Zone 2 and £60 per sq m in Zone 3.

The Council said that its initial viability work had suggested that developments not subject to the affordable housing policy could support significantly higher CIL charges than larger sites where affordable housing is to be negotiated in accordance with policy.

A rate of £120 per sq m has been proposed to apply to both student accommodation and to retail developments falling within the category of 'out of centre larger convenience based supermarkets and superstores and retail warehousing with a net retailing selling space of more than 280 sq m'.

The Council said that, although such out of centre proposals would generally conflict with its intention to secure new retail development within existing centres, it considered it appropriate to set a CIL charge if, in exceptional cases, an appropriate proposal were to come forward.

A nil rate levy will apply to office, commercial and all other uses if the draft rates are eventually adopted.

The consultation will be open for comments until 13 August. The Council said it expects to adopt its CIL charging schedule in April 2014.

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