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.
Further information You can find further information about S106 and CIL charges at: https://www.gov.uk/guidance/planning-obligations https://www.gov.uk/guidance/community-infrastructure-levy http://www.planningofficers.org.uk/downloads/pdf/ POS_Advice_Note_S106_and_CIL_final_version_Apr2011.pdf You may also find further information in the planning section of your local authority’s website. National Planning Policy Framework. 3.11 With regards to the Council’s consideration of planning obligations in relation to viability – including the assessment of affordable housing provision, PPG states: “In making decisions, the local planning authority will need to understand the impact of planning obligations on the proposal. Where an applicant is able to demonstrate to the satisfaction of the local planning authority that the planning obligation would cause the development to be unviable, the local planning authority should be flexible in seeking planning obligations. This is particularly relevant for affordable housing contributions which are often the largest single item sought on housing developments. These contributions should not be sought without regard to individual scheme viability. The financial viability of the individual scheme should be carefully considered in line with the principles in this guidance.” 3.8 The NPPF also recognises that development should not be subject to such a scale of obligation and policy burdens that its viability is threatened. This reinforces the need forviability testing in order to allow willing landowners and developers to receivecompetitive returns which in turn enable the delivery of development.