Agenda item

Report of the Leader

The Leader introduced the report which had been circulated with the agenda. The report explained that on 14 April 2015 Cabinet had agreed a Community Infrastructure Levy (CIL) Preliminary Draft Charging Schedule (PDCS) for public consultation.  This work was progressed in collaboration with Gloucester and Tewkesbury councils and consultants Peter Brett Associates (PBA) were appointed to help consider whether a CIL should be taken forward.

The report brought together all the relevant threads of information informing the revisions to the charging schedule, taking account of consultation responses to the PDCS and further detailed viability assessment. The report had been discussed in detail by the Planning and Liaison member working group and the proposals had also been the subject of a recent member seminar.

The purpose of the report was to gain agreement to undertake public consultation on the Cheltenham CIL Draft Charging Schedule (DCS) prior to independent examination.  The other councils were being asked to make the same decision.

A CIL rate is proposed for development within the Borough for the following uses: Residential, Out of Town Retail and Retirement and Care Homes. Other development uses were assessed, but based on viability evidence recommended as a zero rate (£0). Separate CIL rates were proposed for the JCS strategic allocations and for development within Gloucester City and Tewkesbury Borough areas. Taking on board the evidence on viability a one size fits all approach was not appropriate for the JCS area as a whole.  The report detailed the recommended CIL charge for Cheltenham, but the details for Gloucester and Tewkesbury are set out in the PBA report appended.

The Leader emphasised that the council was not proposing to scrap Section 106s as they may still be relevant in some cases but they must be kept distinct from CILs.

In response to a question he clarified that the levy was not designed to promote green field development ahead of brownfield. There were infrastructure costs related to urban extensions which would apply across council boundaries.

A Member raised a question regarding the position of a charity such as the Cheltenham Trust where they were leasing a building from the council. What would be their position if they wanted to develop the building and would they be liable for CIL?

The Head of Planning, Tracey Crews, had given an initial response to the member on this issue. There was a facility for exemptions and discretionary relief within the policy and a further advice was needed on whether this was applicable in this situation. She agreed to take further advice from One Legal and produce a briefing note for all members.

Upon a vote it was unanimously

RESOLVED THAT

1.            The publication of the Draft Charging Schedule for public consultation purposes be approved;

2.            The Director of Planning in consultation with the Leader of the Council be authorised to prepare the final publication documents as required, based on the detail of this report and information in Appendix 2;

3.            The Director of Planning be authorised to agree the date of publication on the Draft Charging Schedule with Gloucester and Tewkesbury Councils; and

4.            Following the conclusion of the publication period, the responses received be compiled and submitted with the Draft Charging Schedule to the Planning Inspectorate for Examination.