Community Infrastructure Levy - Preliminary Draft Charging Schedule

Spending the CIL

1.         What can CIL be spent on?

 CIL receipts can be used to help fund infrastructure needed to support development across North Somerset. The term ‘infrastructure’ is defined broadly by Section 216 of the Planning Act 2008. Although this is not intended to be exhaustive, it includes: road and other transport facilities; flood defences, schools and other educational facilities; health and medical facilities; sporting and recreational facilities; and open space.

Unlike Section 106 Planning Obligations, CIL receipts are not tied to particular sites or infrastructure projects. Instead, CIL monies will be pooled into one fund which can be used for any infrastructure needed to support development across North Somerset.

The governance and prioritisation of future CIL expenditure will be the responsibility of North Somerset Council and will be based on the North Somerset Infrastructure Delivery Plan September 2011.  However in practice this prioritisation and delivery will need to be undertaken in partnership with other infrastructure providers including the Highways Agency, Environment Agency, the National Health Service, emergency services, etc.

In addition to new infrastructure, CIL receipts can be used to expand and enhance existing infrastructure or for the ongoing maintenance or operational costs of providing infrastructure, where these costs are related to the additional demands arising from development.

The upfront and continuing costs of preparing and administering a CIL can be drawn from CIL receipts, subject to maximum limits set by government (currently 5%).

 2.         Passing CIL funds to other bodies and local communities

CIL funds can be passed to other organisations both inside of and external to North Somerset, provided that the money is to be spent on infrastructure to support the development of the area and subject to regulations on issues such as procurement and State Aid. For example, the Council could pass money to the Environment Agency to spend on flood defences or to the Highways Agency for road improvements.

In 2011, the Government consulted on a proposed requirement that local authorities should pass a ‘meaningful proportion’ of CIL receipts direct to the local communities in which development takes place. The consultation document can be viewed at: http://www.communities.gov.uk/publications/planningandbuilding/cilreformconsultation

At the time of writing the results of this consultation have not been made public and the expected proportion and procedures in relation to the community proportion are therefore unclear. North Somerset Council will respond and consider whether to update its CIL proposals as and when new government guidance is published.

3.         The relationship between CIL and Section 106 agreements

The CIL system will result in the scaling back in the use of Section 106 agreements, but will not replace them entirely.

Section 106 agreements (and Section 37 / 278 agreements and planning conditions) will still be used by the Council in three main ways, to secure: 

  • Site specific mitigation, e.g. local improvements / infrastructure necessary to enable the grant of planning permission. For example, access roads, on-site open space, heritage protection and some off-site requirements directly related to individual developments.
  • Affordable housing: under the current regulations, the CIL cannot be used to fund affordable housing, which will therefore be secured through Section 106 agreements.
  • Development-specific infrastructure on large-scale major development sites: large sites often necessitate the provision of their own development-specific infrastructure, such as primary schools, which may be dealt with more effectively through a Section 106 agreement. This will primarily relate to the Weston Villages sites.

The following provides an indicative split of the possible division between CIL and Section 106 funded infrastructure. Please note that the list is not necessarily comprehensive, that the order of the infrastructure does not have any wider significance, for example, in terms of prioritisation, and that inclusion in this list does not guarantee future funding.

Category

CIL

Section 106

Transport

Off-site highways and other transport schemes with a strategic benefit to development, e.g.

  • Junction 21 outbound improvements / J21 bypass.
  • Portishead Rail.
  • Bristol Metro.
  • Airfield Bridge Link.
  • Herluin Way to Locking Road link.
  • Banwell bypass.
  • Improvements to existing public transport facilities, e.g. railway station improvements.
  • Park & Ride schemes.
  • New or improved strategic Public Rights of Way or other pedestrian / cycle schemes, e.g. Strawberry Line, coastal paths, Festival Way.
  • Site-specific access routes, including at the Weston Villages.
  • Sustainable transport measures, including Travel Plan measures and site-related public transport improvements.
  • New or improved Public Rights of Way or other pedestrian / cycle schemes on or linked to a specific development proposal, including at the Weston Villages.

Education

  • Secondary school provision.
  • New primary schools, except at the Weston Villages.
  • Extensions to existing primary schools.
  • New primary schools at the Weston Villages.
  • Pre-school provision.

Flood defences

  • Weston Strategic Flood Solution - later phases.
  • Other flood defence schemes.
  • Weston Strategic Flood Solution - initial phases.

Community facilities (built)

  • Local centre multi-purpose community facility / facilities at Parklands Village, including health centre, library, emergency services, childcare, sports hall.
  • Improvements to existing community and sports facilities.
  • New or improved libraries.
  • Community halls / meeting spaces on large development sites.

Community facilities (outdoor)

  • Improvements to existing outdoor facilities or new facilities in existing communities, including strategic green infrastructure, play parks, sports pitches / grounds and public realm.
  • New or existing synthetic sports pitches.
  • Site-specific public realm.
  • Parks & open spaces on new developments, e.g. neighbourhood parks, MUGAs, sports pitches.

Environment & heritage

  • Existing or improved ecological or biodiversity schemes of strategic significance.
  • Existing or improved heritage schemes of strategic significance.
  • Local site-related habitat / nature / heritage requirements.

Other

  • Community engagement fund.
  • Economic development fund.
  • Affordable housing.
  • Commuted sums associated with the above facilities.

A number of schemes could fall into either the CIL or Section 106 categories, potentially dependent on when developments come forward. This includes for example the Weston Villages Strategic Flood Solution. This list is not intended as definitive and views are welcomed on the best split between CIL and Section 106.

Consultation question 17: Do you agree that this table sets out an appropriate split between CIL and Section 106 funded infrastructure? Are there any changes you would propose?