A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Council and councillors

Agenda item

COMMUNITY INFRASTRUCTURE LEVY

Report No: 95/2020

(Key Decision)

Decision:

Cabinet agreed:

 

1.1 That the Strategic Director of Places in consultation with the Deputy Director Corporate Governance be able to make decisions in specific matters and cases relating to the application, administration, amendment, financial review and enforcement of the Community Infrastructure Levy Charging Schedule and Scheme as set out in Appendix 1 of this report, pursuant to the Community Infrastructure Levy Regulations 2010 (as amended) and adopted by the Council on 1st March 2016;

 

1.2  That the Strategic Director of Place in consultation with the Section 151 Officer and Deputy Director Corporate Governance, and the Portfolio Holders for Planning and Resources be able to make decisions relating to temporary amendments to the Council’s CIL instalment policy in response to the Covid-19 situation;

 

1.3  That the Strategic Director of Places in consultation with the Portfolio Holder for Planning be able to make decisions in specific matters and cases relating to the application, administration, amendment, and review of outstanding Section 106 agreements as set out in paragraph 3.11 of this report, where this affects the provision of community facilities consultation will also be with the relevant ward Member;

 

1.4  That the Strategic Director of Place in consultation with the Section 151 Officer and Deputy Director Corporate Governance, and the Portfolio Holders for Planning and Resources be able to make decisions relating to the expenditure of Section 106 monies up to a value of £500,000 to deliver infrastructure and community facilities in accordance with the provisions of each individual obligation;

 

1.5  To the publication of a public statement that Exceptional Circumstances Relief would become available in the area of the Council;

 

1.6  To the Exceptional Circumstances Relief Policy as set out at Appendix 2 and to take all appropriate steps to ensure that the Policy becomes applicable to the adopted Community Infrastructure Levy (“CIL”) in the area of the Council.

Minutes:

Councillor G Brown, as the relevant Cabinet Member, elaborated on the report and explained that the title of the repot should also include ‘Section 106 (S106) – Developer contributions’. It was explained that when the Community Infrastructure Levy (CIL) had been created in 2016, there had been no specific delegation provided in the CIL policy and therefore one of the recommendations, if agreed, would rectify that as outlined in Appendix 1. Councillor Brown commented that the Council wished to publish the public statement of Exceptional Circumstances Relief and explained that the Exceptional Circumstances Relief Policy (at Appendix 2 of the report) would provide a mechanism to ensure growth but was subject to exceptional circumstances.

Referring to section 3.4.3 (c) of the report, Councillor Brown explained that the following amendment be made that the Charging Authority it is satisfied that to grant relief would not constitute State Aid which would be required to be notified to and approved by the European Commission and would include the following wording; ‘or any other successor to UK Legislation effective after the 31st December 2020’.

It was reported that due to Covid, it had been considered prudent to implement and instalment policy for S106 to assist small and medium developers for any un-commenced developments.

 

It was noted that Councillor Walters had joined the meeting at 10.11am but having not been present for the debate, he would not be voting on the recommendations.

 

RESOLVED:

 

1.1 That the Strategic Director of Places in consultation with the Deputy Director Corporate Governance be able to make decisions in specific matters and cases relating to the application, administration, amendment, financial review and enforcement of the Community Infrastructure Levy Charging Schedule and Scheme as set out in Appendix 1 of this report, pursuant to the Community Infrastructure Levy Regulations 2010 (as amended) and adopted by the Council on 1st March 2016;

 

1.2  That the Strategic Director of Place in consultation with the Section 151 Officer and Deputy Director Corporate Governance, and the Portfolio Holders for Planning and Resources be able to make decisions relating to temporary amendments to the Council’s CIL instalment policy in response to the Covid-19 situation;

 

1.3  That the Strategic Director of Places in consultation with the Portfolio Holder for Planning be able to make decisions in specific matters and cases relating to the application, administration, amendment, and review of outstanding Section 106 agreements as set out in paragraph 3.11 of this report, where this affects the provision of community facilities consultation will also be with the relevant ward Member;

 

1.4  That the Strategic Director of Place in consultation with the Section 151 Officer and Deputy Director Corporate Governance, and the Portfolio Holders for Planning and Resources be able to make decisions relating to the expenditure of Section 106 monies up to a value of £500,000 to deliver infrastructure and community facilities in accordance with the provisions of each individual obligation;

 

1.5  To the publication of a public statement that Exceptional Circumstances Relief would become available in the area of the Council;

 

1.6  To the Exceptional Circumstances Relief Policy as set out at Appendix 2 and to take all appropriate steps to ensure that the Policy becomes applicable to the adopted Community Infrastructure Levy (“CIL”) in the area of the Council.

 

Reason: Officers consider that it is important for delegations to be provided that will allow for the day to day management of both the CIL and Section 106 regimes. Officers are of the opinion that it would also be prudent to apply the exceptional circumstances relief in the area of the Council. This may provide a solution in limited circumstances where the exceptional circumstances of a development which involves additional Section 106 obligations is not viable

Supporting documents: