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IMPLEMENTING CIL – BRISTOL’S EXPERIENCE

IMPLEMENTING CIL – BRISTOL’S EXPERIENCE. Jim Cliffe Planning Obligations Manager Bristol City Council. Bristol’s CIL Programme. Aug 2011 – commission viability study Oct 2011 – receive final viability study 28 Nov 2011 to 20 Jan 2012 – Preliminary Draft Charging Schedule consultation

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IMPLEMENTING CIL – BRISTOL’S EXPERIENCE

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  1. IMPLEMENTING CIL – BRISTOL’S EXPERIENCE Jim Cliffe Planning Obligations Manager Bristol City Council

  2. Bristol’s CIL Programme • Aug 2011 – commission viability study • Oct 2011 – receive final viability study • 28 Nov 2011 to 20 Jan 2012 – Preliminary Draft Charging Schedule consultation • 2 to 30 March 2012 – Draft Charging Schedule consultation • 18 April 2012 – submit to PINS • 20 and 21 June 2012 – CIL Examination • 12 July 2012 – receive examiners report

  3. CIL Costs • Viability Study, Examination, Statutory Notices, Programme Officer, Consultation Events etc - £41,000 • Officer time – 750 hours over 11 months

  4. Tip No. 1 – Infrastructure Planning • It doesn’t need to be overly detailed • If you’ve got an up to date Core Strategy / Local Plan you can rely on the Infrastructure Planning that accompanies it

  5. Tip No. 2 – Get the Viability Study brief right • Make sure the consultant knows what is required of them and is capable of delivering it. • Ensure the consultant does the following: • Identify the maximum CIL rate that each use could sustain • Recommend a CIL rate for each use and explain their rationale • Make sure the consultant will be available for your CIL Examination

  6. Tip No. 3 – Setting Residential CIL Rates • Follow this rule for residential CIL rates “Our CIL rates will be set at a level that will not make residential development that is currently policy compliant and viable, unviable” ….. • ….. and don’t worry too much about residential development that is unviable even with no CIL

  7. Tip No. 4 – Keep your CIL rates simple • Don’t try to be clever with Regulation 13 • Setting differential rates for different quantum's of the same development type leads to many objections and a more complicated examination • It is also more difficult and resource hungry to implement

  8. Tip No. 5 – Representations • Deal thoroughly with those representations that • provide evidence • question your compliance with the regulations • question your infrastructure planning • There is virtually nothing else (comments about exceptions policy, review period, the regulations, the meaningful proportion etc) relevant to the CIL Examination

  9. Tip No. 6 – Help the Examiner (part 1) • Revise your Planning Obligations SPD simultaneously with introducing CIL • Produce a Draft Regulation 123 list AND • Submit them both to the Examiner, as it will assist with complying with the revised CIL Guidance and show that you are being transparent in your approach

  10. Development type Maximum viable CIL rate Proposed CIL rate CIL as % of maximum viable rate CIL as % of Costs CIL as % of GDV Inner Zone Residential £130 £70 54 2.2 1.9 Outer Zone Residential £90 £50 56 1.6 1.5 Retail £250 £120 48 4.5 3.4 Student Housing £220 £100 45 3.2 2.8 Hotel £160 £70 44 1.9 1.8 Tip No. 6 – Help the Examiner (part 2)

  11. Tip No. 7 – What to do in moments of angst • Refer to Regulation 14 and reassure yourself that as a Charging Authority – the regulations are on your side!! • Regulation 14 – “…. A charging authority must aim to strike what appears to the charging authority to be an appropriate balance ….!

  12. Getting ready to implement CIL • It’s A LOT OF WORK!!! • Allow sufficient time – we allowed over 5 months from receipt of our examiners report to our charges taking effect

  13. Things to do prior to CIL taking effect (1) • Make sure the system you use to deal with planning applications can cope • Ensure resources are in place in your planning admin teams • Produce CIL Liability and CIL Demand Notices • Update your webpage to ensure all necessary CIL information is there

  14. Things to do prior to CIL taking effect (2) • Advertise the taking effect date to all local developers, agents etc • Let people know the dates after which any application submitted will be liable for CIL if it is approved • Be clear with applicants about whether their application will be determined prior to CIL taking effect

  15. Things to do prior to CIL taking effect (3) • Expect a spike in planning applications and pressure on officers to determine applications prior to CIL taking effect • Consider whether additional Planning Committee meetings need to be programmed in • Complete or dispose of any unsigned Section 106 Agreements – this can have legal resource implications

  16. Things to do prior to CIL taking effect (4) • Let appellants and PINS know that appeals determined after the CIL charges take effect will be liable for CIL • Consider whether the CIL Questions Form is to become a local validation requirement and consult on this if need be

  17. ….. and finally • Ensure you have a procedure in place for allocating CIL monies – this can be more complicated than you think!!

  18. GOOD LUCK

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