Review of the South Oxfordshire Community Infrastructure Levy (CIL) Draft Charging Schedule
The Examiner, Mr Keith Holland BA (Hons) DipTP MRTPI ARICS has formally issued his report on our draft CIL Charging Schedule, following the virtual hearing session which was conducted on Thursday 18 August 2022. [See ‘Examiner’s Report’ below for full details.]
Introduction to our CIL Review
The Community Infrastructure Levy (CIL) is a levy that local authorities can choose to charge on new development in their area and came into force in April 2010. South Oxfordshire District Council is classed as a ‘charging authority’ and may charge CIL in respect of development that takes place in the district. The money raised can be used to fund a wide range of infrastructure such as transport schemes, schools, community facilities, health and social care facilities, parks, green spaces and leisure facilities.
In February 2016, the Council approved its first CIL Charging Schedule, which is a document setting out the CIL rates it charges for different types of development in different parts of the district. The current CIL rates came into force on 1 April 2016.
The Council has now undertaken a review of its 2016 Charging Schedule, to take into account the new site allocations and additional infrastructure requirements contained within the South Oxfordshire Local Plan 2035 (which was adopted in December 2020) and legislative changes introduced by the Community Infrastructure Levy (Amendment) (England) (No.2) Regulations 2019.
A CIL Viability Assessment has underpinned our review and provides important background information on the viability of the development, which has helped us draft the proposed new CIL rates for different types of development. The findings from the assessment have also provided the basis for defining three new CIL charging zones across the district.
Alongside our review of the CIL Charging Schedule, the Council has also undertaken a review of its Developer Contributions Supplementary Planning Document (SPD), again to take into account the adoption of the Local Plan and amendments to the CIL Regulations. Further information on the Developer Contributions SPD review can be found on our website.
Public Consultation on our Draft CIL Charging Schedule (February 2022)
Between 15 February and 22 March 2022, we carried out public consultation (under Regulation 16 of the Community Infrastructure Levy Regulations 2010, as amended) and invited comments on our Draft CIL Charging Schedule and its evidence documents.
The Council considered all the representations received during the consultation period and produced a Statement of Representations document, which provided a summary of the main issues raised by respondents and detailed the Council’s response on each of these issues. Appendix 2 to the Statement provided a schedule of all comments received.
Submission for Independent Examination
On 10 June 2022, the Council formally submitted the Draft Charging Schedule submission version, as modified (June 2022) and associated evidence documents for independent Examination. This was carried out in accordance with Regulation 19 of the Community Infrastructure Levy Regulations 2010 (as amended).
All the Submission documents can be viewed below:
- CIL1.1 Draft Charging Schedule Submission version, as modified (June 2022)
- CIL1.2 Statement of Representations (June 2022)
- CIL1.2a Appendix 2 Schedule of Consultation Responses (June 2022)
- CIL1.3 Statement of Modifications (June 2022)
- CIL1.4 Statement of Compliance (June 2022)
- CIL1.5 CIL Viability Assessment (December 2021)
- CIL1.6 CIL Viability Assessment (December 2021) Appendices Pack
- CIL1.7 CIL Viability Assessment Addendum (June 2022)
- CIL1.7a CIL Viability Addendum Appendix 1 (Typologies Matrix)
- CIL1.7b CIL Viability Addendum Appendix 2 (Residential Market Paper)
- CIL1.7c CIL Viability Addendum Appendix 3 (Residential Appraisals)
- CIL1.7d CIL Viability Addendum Appendix 4 (Older Persons Housing Appraisals)
- CIL1.8 Infrastructure Funding Gap Statement (February 2022)
- CIL1.9 Draft CIL Charging Schedule, Consultation version (February 2022)
Modifications to our Draft Charging Schedule
In response to representations made during the public consultation, we made some modifications to the Draft CIL Charging Schedule and produced what is known as a Statement of Modifications, which explained how the changes relate to the comments made and who made them. In light of these modifications, the Draft CIL Charging Schedule, Submission version, as modified (June 2022) was the version which was subject to independent Examination.
The Council appointed an independent Examiner (Mr Keith Holland BA (Hons) DipTP MRTPI ARICS) to conduct the Examination and he considered the Draft CIL Charging Schedule, its associated evidence documents and all of the representations made during the consultation period.
As part of this Examination, Mr Holland conducted a virtual hearing session on Thursday 18 August 2022, which was live streamed via the Council’s YouTube channel, to enable anyone interested to follow proceedings online.
An Agenda for the hearing was produced by the Examiner
Post Hearing Modification
During the hearing session, the Council proposed a further modification to Table 1 (CIL Charges) of the Draft Charging Schedule, Submission Version, as amended (June 2022).
The Modified Table 1 has new text shown as bold/red and strike-through text to be deleted:
Shortly after the Hearing session concluded, the Examiner issued the following note in relation to the proposed modification:
|‘The modification proposed by the Council at the virtual hearing session represents a significant change to the schedule previously consulted on. Consequently, the modification will need to be subject to consultation. I consider that it would be sufficient for the modification to be detailed on the examination website and for all those who previously made representations to be notified of the modification. Any representation should be made in writing to the Council within 14 days for forwarding to me. At this stage I am minded to agree with the modification subject to any written representations that are received.’ |
Consultation on the post hearing modification ended on 7 September 2022. All representations received were forwarded to the Examiner (via the Programme Officer) for his consideration and can also be found in the CIL Examination Library.
The Examiner has now formally issued his final report, with recommendations (and reasons for those recommendations) to the Council, following the virtual hearing session held on Thursday 18 August 2022
We have made the modification to the Charging Schedule requested by the Examiner and a final version will be considered for adoption by Cabinet in November 2022 and Council in December 2022. Shortly after this, if adopted, the Charging Schedule and the new CIL rates will come into effect. Once implemented, the new Charging Schedule will supersede the current 2016 version.
If you have any questions or would like further information regarding our CIL review, please contact the South Oxfordshire Planning Policy Team on 01235 422600 or email firstname.lastname@example.org
All representations submitted on the Draft Charging Schedule (including on any subsequent modifications to the draft schedule) were published on the council’s website, alongside your name (and organisation, where relevant). No other personal contact details were published.
If you made representations on the post-hearing modification, we shared your name (and organisation, where relevant) with the appointed Examiner and Programme Officer. We also shared your email (or postal address, where an email address was not provided) with just the Programme Officer. In line with the CIL Regulations, you may have been contacted by the Programme Officer (or where necessary the council) with relevant updates regarding the Examination process or other aspects of our CIL review.