Sadiq's "Poor Doors" Bung! a Westferry Printers/ Friary Park Saucy Comparison

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To unravel the hysterics lets just go back to basics.
Planning consents for developments over 100 square meters attract Community Infrastructure levy’s , Tower hamlets had released a revised charging rate up from 2015’s £200 per sqm to £280 per sq m, the charge is not a new thing and the potential increase is also effected by planning guidance on application of the charges weighed against the Affordable housing and other social and commercial benefits any particular Scheme offers to the community in which it is proposed.

What is a Section 106 Agreement?

Section 106 (S106) agreements, which are also known as planning obligations, are legal

agreements made between local authorities and developers.

S106 agreements are designed to address issues that new developments may place on local

infrastructure. The agreement will vary depending on the nature of a development, but will

typically address issues such as:

• Affordable housing

• Highways

• Education

• Public open space

• Town centre improvements

The content of a S106 agreement is agreed during the consultation period of the planning

application and the agreement is prepared by the council’s solicitor. Smaller developments have

the option of completing a Unilateral Undertaking instead of a full S106 agreement.

What is a Community Infrastructure Levy?

A Community Infrastructure Levy (CIL) is a new planning charge introduced by the government via

the Planning Act 2008. It provides a means of ensuring that a new development contributes to the

cost of the infrastructure that the development will rely on, such as schools and roads.

The levy applies to most new buildings and charges are based on the size and type of the floor

space being created. The idea behind the CIL is that it’s fairer, faster and more certain than the

system of S106 planning obligations, which are negotiated on a case-by-case basis.

Under the system of S106 planning obligations only 6 per cent of all planning permissions

nationally made any contribution to the cost of supporting infrastructure. With CIL, all but the

smallest building projects will make a contribution towards infrastructure costs.

S106 or CIL?

All local authorities in England & Wales are empowered, but not required, to charge a CIL on new

developments in their area. Although S106 planning obligations will continue with some

developments, reforms have been introduced to restrict their use.

It’s worth bearing in mind that the CIL is intended to provide infrastructure to support a

development, rather than make an application acceptable in planning terms. There may therefore

be some site-specific impact mitigation requirements without which a site won’t be granted

planning permission. A S106 planning obligation may therefore be imposed to ensure that the

consequences of a development can be mitigated.

What is and is not liable for CIL?

A development will be liable for CIL if it involves:

• new build of at least 100m2 gross internal area (GIA) floor space or,

• the creation of one or more dwellings.

A development is not liable for CIL if it:

• involves only a change of use, conversion or extension.

• is for structures such as wind turbines, pylons or buildings into which people don’t normally go

(e.g. for housing plant or machinery).

• is permitted by a ‘general consent’ or is for a use which benefits from zero charges set out in the

CIL charging structure.

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