Draft Charging Schedule and Draft Regulation 123 List

I write on behalf of our client - Marchfield (Strategic Land) Ltd - in response to the consultation on the Rother District Council Draft Charging Schedule (DCS) and Draft Regulation 123 (R123) List.

Our client has commissioned a report from Pioneer Property Services Ltd that builds on observations raised previously by JB Planning Associates in response to the Preliminary Draft Community Infrastructure Levy Charging Schedule (August to September 2014) and includes additional observations on the basis of the updated evidence now published by the Council.

The overall conclusion of the attached report is that, in addition to a lack of compliance with national guidance, the DCS is not in accordance with CIL Regulation 14 for a variety of reasons relating to both the evidence base and Draft R123 List. The report also raises concerns regarding the impact of the Draft R123 List on the pooling of S106 contributions post April 2015 as a result of the lack of clarity within the Draft R123 List.

I appreciate that the Council response form expresses a preference for each representation to be related to a paragraph of the DCS but in essence it is the document as a whole that we consider to be contrary to the Regulations by virtue of an inadequate evidence base, hence why the representations are presented in a report format for attachment to the response form. In our view, it is not a case of simply recommending amendments to the DCS but rather that we consider that significant additional work is required before the DCS or the Draft R123 List can be considered sound.

The key conclusions of the Pioneer report are:

Until further work on the IDP and associated evidence base is undertaken and the SADPD is meaningfully advanced the viability assessment cannot be robustly progressed and a CIL Charge should NOT be introduced. The Charging Rates proposed through the DCS (Table 1) are not robustly demonstrated to be viable, particularly in combination with post CIL planning obligation costs and site specific Strategic Infrastructure costs on larger Greenfield and Strategic sites. Currently the DCS does not accord with CIL Regulation 14 or national guidance. Crucially:

The DCS should not be progressed until it is informed by additional work
undertaken to take the concerns set out above regarding the IDP and viability
evidence base into account.

It is agreed that it should include an instalment policy.

The introduction of a policy to offer discretionary relief for Exceptional
Circumstances (i.e. in response to economic viability on a case by case basis for
eligible developments as set out in the National Planning Policy Guidance)
would be welcomed, particularly given the viability concerns raised above.
However, the introduction of relief from the CIL payment is a poor substitute for
ensuring viable and deliverable CIL payments and Development Plan policies at
the outset, and cannot render a planning approach that results in an unviable
cumulative level of CIL / Policy burdens in accordance with national guidance.

Currently there remains a lack of clarity in terms of whether the CIL items set out
in the Draft R123 List can 'operate in a complementary way' with the Section 106
contributions that will be sought in accordance with the NPPG and the underpinning CIL Regulations. Concerns have been raised in previous CIL
representations submitted on behalf of Marchfield (Strategic Land) Ltd in
September 2014 regarding the transparency of the Draft R123 List.

In summary, the amended DCS, Draft R123 List and updated supporting evidence base do not resolve concerns raised in these and previous representations submitted on behalf of Marchfield (Strategic) Land Ltd and further it is our view that the DCS is contrary to CIL Regulation 14 and national guidance. In addition, it is our view that the Council is likely to encounter significant problems with the impact of R123 on the pooling of S106 contributions
post April 2015 unless the lack of transparency within the Draft R123 List is resolved.

To view the report by Pioneer please click on the following link:

http://www.rother.gov.uk/CHttpHandler.ashx?id=23609

I write on behalf of our client - Marchfield (Strategic Land) Ltd - in response to the consultation on the Rother District Council Draft Charging Schedule (DCS) and Draft Regulation 123 (R123) List.

Our client has commissioned a report from Pioneer Property Services Ltd that builds on observations raised previously by JB Planning Associates in response to the Preliminary Draft Community Infrastructure Levy Charging Schedule (August to September 2014) and includes additional observations on the basis of the updated evidence now published by the Council.

The overall conclusion of the attached report is that, in addition to a lack of compliance with national guidance, the DCS is not in accordance with CIL Regulation 14 for a variety of reasons relating to both the evidence base and Draft R123 List. The report also raises concerns regarding the impact of the Draft R123 List on the pooling of S106 contributions post April 2015 as a result of the lack of clarity within the Draft R123 List.

I appreciate that the Council response form expresses a preference for each representation to be related to a paragraph of the DCS but in essence it is the document as a whole that we consider to be contrary to the Regulations by virtue of an inadequate evidence base, hence why the representations are presented in a report format for attachment to the response form. In our view, it is not a case of simply recommending amendments to the DCS but rather that we consider that significant additional work is required before the DCS or the Draft R123 List can be considered sound.

The key conclusions of the Pioneer report are:

Until further work on the IDP and associated evidence base is undertaken and the SADPD is meaningfully advanced the viability assessment cannot be robustly progressed and a CIL Charge should NOT be introduced. The Charging Rates proposed through the DCS (Table 1) are not robustly demonstrated to be viable, particularly in combination with post CIL planning obligation costs and site specific Strategic Infrastructure costs on larger Greenfield and Strategic sites. Currently the DCS does not accord with CIL Regulation 14 or national guidance. Crucially:

The DCS should not be progressed until it is informed by additional work
undertaken to take the concerns set out above regarding the IDP and viability
evidence base into account.

It is agreed that it should include an instalment policy.

The introduction of a policy to offer discretionary relief for Exceptional
Circumstances (i.e. in response to economic viability on a case by case basis for
eligible developments as set out in the National Planning Policy Guidance)
would be welcomed, particularly given the viability concerns raised above.
However, the introduction of relief from the CIL payment is a poor substitute for
ensuring viable and deliverable CIL payments and Development Plan policies at
the outset, and cannot render a planning approach that results in an unviable
cumulative level of CIL / Policy burdens in accordance with national guidance.

Currently there remains a lack of clarity in terms of whether the CIL items set out
in the Draft R123 List can 'operate in a complementary way' with the Section 106
contributions that will be sought in accordance with the NPPG and the underpinning CIL Regulations. Concerns have been raised in previous CIL
representations submitted on behalf of Marchfield (Strategic Land) Ltd in
September 2014 regarding the transparency of the Draft R123 List.

In summary, the amended DCS, Draft R123 List and updated supporting evidence base do not resolve concerns raised in these and previous representations submitted on behalf of Marchfield (Strategic) Land Ltd and further it is our view that the DCS is contrary to CIL Regulation 14 and national guidance. In addition, it is our view that the Council is likely to encounter significant problems with the impact of R123 on the pooling of S106 contributions
post April 2015 unless the lack of transparency within the Draft R123 List is resolved.

To view the report by Pioneer please click on the following link:

http://www.rother.gov.uk/CHttpHandler.ashx?id=23609