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.
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.
Following the introduction of the Community Infrastructure Levy CIL a revised supplementary planning document has been adopted. This supersedes SPD4.
You can find it here.
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:
Core Strategy policy BCS 11 lists the following types:
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.
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 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.
The scope of such agreements is laid out in the Government’s Circular 05/2005.
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.
A full list of s106 developer contributions is kept by the Planning Obligations Manager.
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.
The Council can then use the proceeds of the levy to provide local and sub-regional infrastructure necessary to support growth.
It is proposed that CIL will apply to all development in excess of 100 square metres.
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.
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.