This section covers the financial contributions that developers have to make for each development they undertake and the additional measures they may be asked to undertake to mitigate against the impact of that development.
Community Infrastructure Levy: what is it?
CIL is a tax on development which is used to provide the infrastructure that is needed. It is used to serve the wider area that it is located in. It is not restricted as s106 contributions were, to only local measures. eg it can be used for road schemes on the other side of the city.
see the latest officer report on s106 / CIL
Community Infrastructure Levy
The Council's proposed CIL charges have now been implemented from 1 January 2013, meaning that all relevant planning consents
granted after this date are required to pay CIL.
Information about CIL can
be found on the BCC CIL
webpage.
Different rates are charged for different types of development
See
link for CIL charging schedule
CIL is charged on residential development including
development of less than 100 sq m that results in the creation of a new
dwelling, and on other development of 100sq m or more of new build including
hotels, retail, student accommodation and other chargeable development
accommodation
CIL Supplementary Planning Document
Following the introduction of the Community Infrastructure Levy CIL a revised supplementary planning document has been adopted. This supersedes SPD4.
Part One sets out the Council’s overall approach to planning obligations.
It shows how the SPD complies with national and local policy, and deals with procedural matters relating to the drafting and enforcement of Section 106 Agreements. It also outlines the role of Neighbourhood Partnerships in identifying planning obligations that are necessary to mitigate the impact of specific developments in their communities.
Part Two sets out the types of obligation that the Council may seek to secure from development.
It identifies the relevant policy basis, types of development to which the obligation will apply, thresholds over which the obligation will be sought and it sets out, where possible, the basis on which the level of obligation will be calculated. It specifically covers the following obligation types:
• Highway Infrastructure Works
• Traffic Regulation Orders
• Removing Barriers to Employment
• Supporting Retail Centres
• Other Site Specific Measures
Core Strategy policy BCS 11 lists the following types:
Managed workspace accommodation
Commuted payments for maintenance of facilities provided
Sustainable transport improvements
Parks and green spaces improvements (including children’s play facilities)
Enhancement of other green infrastructure assets
Flood risk management measures
Healthcare and social care facilities
Public realm provision (including Legible City infrastructure)
Local employment and training initiatives
District heating and other sustainable energy infrastructure
Section 106
Section 106 (S106) is how we refer to the works that developers have to do, or to make a financial contribution towards, in order that their development does not adversely affect the local community.
The name refers to
S106 of the
Town and Country Planning Act 1990, which allows a Local Planning Authority (LPA) to enter into a legally-binding agreement or Planning Obligation with a landowner in association with the granting of planning permission.
The obligation is termed a
Section 106 Agreement.
These agreements are a way of delivering or addressing matters that are necessary to make a development acceptable in planning terms.
They are increasingly used to support the provision of services and infrastructure, such as highways, recreational facilities, education, health and affordable housing.
The scope of such agreements is laid out in the Government’s Circular 05/2005.
Matters agreed as part of a S106 must be:
- necessary to make the proposed development acceptable in planning terms
- directly related to the proposed development
- fairly and reasonably related in scale and kind to the proposed development
- reasonable in all other respects.
A Council’s approach to securing benefits through the S106 process should be grounded in evidence-based policy.Section 106 funding
The full list of s 106 developer contributions broken down by Neighbourhood Partnership area is now available on the Bristol City Council
webpage This shows the amount of money available for each NP and details of restrictions on the use of the contribution
Community input into Planning Obligations
Under the Statement of Community Involvement the Planning Authority has set out the way in which local community groups can come to a view on what Planning Obligations should apply.
See p 21 in the Statement of Community Involvement.
The community can set their views out at Pre Application stage and these should be incorporated into the Community Involvement Statement.
The Planning Officer will take into account these views when negotiating the obligations with the developer.
S106 Financial Contributions List
A full list of s106 developer contributions is kept by the Planning Obligations Manager.
This is updated posted on the BCC website section 106 page.
Community Infrastructure Levy (CIL) background
Extracts from briefing note by Planning Obligations Manager to CIL proposals
CIL will be a levy that Local Authorities with an up to date Development Plan (an Adopted Core Strategy in Bristol's case) can introduce.
It will require developers to make a payment to the Council based on the size of their development in square metres.
The Council can then use the proceeds of the levy to provide local and sub-regional infrastructure necessary to support growth.
In the years following the introduction of a CIL , Section 106 and Bristol’s SPD 4 would be scaled back.
It is proposed that CIL will apply to all development in excess of 100 square metres.
CIL will also apply to development of less that 100 square metres that results in the provision of one or more dwellings.
The amount of CIL payable will be determined at the point of granting planning permission.
It will be based on the gross size of the development in square metres, which will be identified on the Planning Application form, and the CIL rate per square metre, which will be identified in the Charging Schedule.
It will be index linked from the year that the CIL was introduced to the year that Planning Permission is granted.
CIL must be spent on infrastructure, which in simple terms means something that requires construction of some sort. Obvious examples include schools, parks, roads, flood defences, park and ride sites, libraries, doctor’s surgeries, fire stations, railways etc.
It is not clear whether CIL can be used for ongoing revenue support, for example funding supported bus services.
CIL can be spent by the authority that collects it.
The collecting Authority can also choose to pass CIL receipts to other infrastructure providers in order to contribute towards the provision of infrastructure that it could not provide itself.
For example CIL could be forwarded to the Fire Authority if a new fire station was required, a neighbouring Local Authority if new infrastructure was required in their area that benefited the collecting Authority, or a Government body such as the Environment Agency if new flood defences were required.
How CIL differs from previous S106 system
How CIL differs from S106
CIL differs from Section 106 in a number of ways:
- The purpose of CIL is to contribute towards the provision of infrastructure required to support growth, whereas Section 106 is for the mitigation of the impact of a specific development.
- All eligible development will be required to pay CIL.
- CIL is not a matter that can be appealed through the planning system, and there can be no negotiation on it.
- CIL is not related to the development from which it came, as it is intended to fund infrastructure required to support growth across the development plan area. Consequently the Section 106 link between contribution and spend will be broken.
- CIL does not have a time limit on its spending.
- It must be spent on infrastructure
(i.e. the provision of Capital Schemes) and Local Authorities will be under a duty to report (on an annual basis) how much CIL has been received, how much CIL has been spent and on what, and how much CIL is held.
Related Documents
