Out-Law News 1 min. read

Waltham Forest CIL charging schedule given green light by examiner

An examiner has recommended that the London Borough of Waltham Forest's community infrastructure levy (CIL) charging schedule is approved, subject to a minor modification.

Following a public hearing on the draft charging schedule (DCS) in December, the examiner issued his report last month. He concluded that the DCS complied with the relevant legislation and national policy and guidance, subject to deletion of the proposed floorspace threshold for certain retail developments.

The Council had proposed to set a CIL rate of £150 per square metre for convenience based supermarkets and superstores as well as retail warehousing developments with a net selling space of more than 280 sq m. The examiner said that the viability evidence submitted in support of the proposed threshold was "not compelling" and recommended it should be deleted.

He said that the Council "accepts that this floorspace threshold is a subsidiary element of the relevant definition within the charging schedule and raises no objection to its deletion".

For residential developments, the Council had set draft rates of £65 per sq m in Zone A, which covers the area north of the North Circular, and £75 per sq m in Zone B, which covers the area south of the North Circular.

The examiner said that the North Circular forms a "well-defined physical boundary between the north and south of the Borough" and that the rates were "adequately justified".

The examiner also concluded that the Council's proposed rates of £80 per sq m for hot food takeaways and restaurants; £90 per sq m for betting shops, £20 for hotels and a nil rate levy for all other uses were appropriate.

The Council said it expects to adopt CIL in late spring.

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