Support

Community Infrastructure Levy (CIL) Preliminary Draft Charging Schedule and Regulation 123 List

Representation ID: 21695

Received: 22/09/2014

Respondent: ASDA Stores Ltd

Agent: Thomas Eggar LLP

Representation Summary:

We would support the introduction of Exceptional Circumstances Relief. By adopting Exceptional Circumstances Relief, the Council will have the flexibility to allow strategic or desirable, but unprofitable, development schemes to come forward, by exempting them from the CIL charge or reducing it in certain circumstances.

Given the rigid nature of the CIL regulations, which operate in a similar manner to a development land tax, this is a necessary and worthwhile safeguard that the Council will be able to use in appropriate circumstances.

Full text:

Under Regulation 14 of the Community Infrastructure Levy Regulations 2010 ("CIL Regulations") the Council's primary duty when setting the level of Community Infrastructure Levy ("CIL") charge is to strike an appropriate balance between the desirability of funding the cost of infrastructure required to support development from CIL and its potential effects on the economic viability of development.

In our view, the approach taken to assessing the Preliminary Draft Charging Schedule does not achieve an appropriate balance between these two objectives.

We wish to object to the approach taken to assessing the Preliminary Draft Charging Schedule on the following grounds:

1. The Viability Study fails to adequately take account of major changes introduced by the Community Infrastructure Levy (Amendment) Regulations 2014/385

2. the impact on policies enhancing economic performance;

3. the financial assumptions and viability assessments contained in the Council's Viability Study;

4. the proposal to split convenience and comparison retail development;

5. issues relating to State Aid; and

6. concerns about the Council's approach to setting CIL charges generally.

More details on our precise objections can be found in our response to question 9.


Question 7: Do you have any views on whether the District Council should introduce a discretionary and exceptional relief policy?

We would support the introduction of Exceptional Circumstances Relief. By adopting Exceptional Circumstances Relief, the Council will have the flexibility to allow strategic or desirable, but unprofitable, development schemes to come forward, by exempting them from the CIL charge or reducing it in certain circumstances.

Given the rigid nature of the CIL regulations, which operate in a similar manner to a development land tax, this is a necessary and worthwhile safeguard that the Council will be able to use in appropriate circumstances.