The Portfolio Holder for Local Planning & Environment presented the report which advised that until governance arrangements were agreed, the Council should set out a non-exclusive list of the types of infrastructure that wold be funded through CIL and those that would be secured/funded through planning obligations.  He advised that there was still ongoing discussion on the governance and a further working shop of the Advisory Committee membership would be meeting to discuss this soon, and would report to Cabinet.

The Chairman of the Local Planning & Environment Advisory Committee further advised that the working group were presently considering ideas such as using a pool of Members similar to the Licensing Committee arrangements for hearings, but further discussions were needed and there was another workshop on 25 November 2014.

Members noted and considered the relevant minute and the recommendations received from the Local Planning & Environment Advisory Committee who had considered the same report.  It was felt that the recommendations were not as clear as the minute preamble in relation to the the ‘25% of the £125’.

Public Sector Equality Duty

Members noted that consideration had been given to impacts under the Public Sector Equality Duty.

The Chairman moved the recommendations from the Advisory Committee subject to an amendment to (a) and it was

Resolved:  That

a)     all Town and Parish Councils, irrespective of whether they have a Neighbourhood Plan in place, be given control over the 25% of the higher rate of CIL in line with the regulations; and

b)     the ‘Regulation 123 List: Types of Infrastructure to be funded by CIL’ as below, be adopted.

‘Community Infrastructure Levy

The following types of infrastructure will be funded through CIL receipts:

·      Transport schemes other than site-specific access improvements;

·      Flood defence schemes;

·      Water quality schemes;

·      Education;

·      Health and social care facilities;

·      Police and emergency services facilities;

·      Community facilities;

·           Communications infrastructure (beyond that directly secured by agreement between the developer)

·           Green infrastructure other than site-specific improvements or mitigation measures (for example improvements to parks and recreation grounds).

The Council will not treat this list as exclusive and may use CIL to fund other types of infrastructure, subject to its governance arrangements.  However the Council will not use CIL to fund site specific infrastructure to be secured through a planning obligation. 

Planning Obligations

SDC will use planning obligations for site specific infrastructure, such as:

·           Site specific access improvements (these could also be secured through s.278 of the Highways Act 1980 in some circumstances);

·           On-site open space, for example children’s play areas;

·           Site specific green infrastructure, including biodiversity mitigation and improvement;

·           On-site crime reduction and emergency services infrastructure, for example CCTV or fire hydrants; and

·           Site specific Public Rights of Way diversions or impact mitigation.

Where required to accord with national or local policy, the Council will also use planning obligations to secure the re-provision of any infrastructure that is permitted to be lost through a planning permission granted for redevelopment of that site.

In addition, affordable housing provision and contributions, and related monitoring and legal fees, will continue to be secured through planning obligations.’