CIL and Section 106 Planning Obligations SPD

Community Infrastructure Levy (CIL) and Section 106 Planning Obligations Supplementary Planning Document (SPD)

 

Why are we holding a public consultation?

South Gloucestershire Council introduced its Community Infrastructure Levy (CIL) Charging Schedule on 1 August 2015. The CIL and Section 106 Planning Obligations Supplementary Planning Document (SPD) was also adopted at the same time to aide understanding of the new process.

Since then, a number of changes have been made to the CIL legislation. The most recent changes (Sept 2019) have required us to update our guidance.

To summarise, they;

  • Removed the restriction on the pooling of five or more section 106 (s106) planning contributions towards the same piece of infrastructure;
  • Removed the requirement on the council to produce a schedule (under Reg123 of the previous CIL legislation) of all the infrastructure intended to be contributed to by CIL and replaces it with an Infrastructure Funding Statement (IFS) which is to be produced annually;
  • Clarified penalties and indexation; and
  • Relaxed the consultation process for the CIL Charging Schedule.

 

What is the purpose of this draft SPD?

It provides updated information to planners, developers, service providers and the public on the Council’s approach, procedure and policy in respect of the use of s106 planning obligations within South Gloucestershire.

Due to these regulatory changes, the Council can now has greater scope to use planning obligations alongside CIL, towards infrastructure subject to meeting the CIL regulation 122 tests: they are necessary, reasonable, and directly related to the development.

The refreshed draft SPD also clarifies the relationship between s106 and CIL, and how South Gloucestershire will implement these changes, as well as continuing to provide information on how the council procedurally collects CIL that is chargeable on development.

 

What does this document not do?

Please note this draft SPD does not amend the existing CIL Charging Schedule which was adopted in 2015.  CIL charges are index linked. Changes to the charges can only be brought about through a new CIL charging adoption process which includes public consultation and independent examination.

We know that some people are keen for us to review our CIL Charging Schedule and the authority was in the process of undertaking a review. However due to the COVID-19 pandemic, this process has been placed on hold for a minimum of six months to allow for the economy and house building industry to re-adjust.

 

Public consultation : how to have your say

The refreshed draft guidance is open for public consultation for a period of 15 weeks between Tuesday 7 July and Sunday 18 October. We are keen to hear your views on the refreshed draft SPD.

Please note there is no set proforma or standard questions for responding to this consultation document – just use the page and paragraph numbers if there are any specific comments you have.

  • View the draft document here
  • Email: consultation@southglos.gov.uk
  • Write to:  South Gloucestershire Council,  Corporate Consultation Team,  Council Offices,  Badminton Road,  Yate,  BRISTOL, BS37 5AF

Timeline

  • Opened
    7 Jul 2020 at 14:00
  • Closes
    18 Oct 2020 at 23:59

Details

Consultation Topic
  • Planning policy & strategy
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