At a meeting of Council on 25th January 2018 the District Council resolved to take forward the preparation of a Derbyshire Dales Community Infrastructure Levy as one means of delivering the future infrastructure needs of the District.
The Community Infrastructure Levy is a planning charge introduced by the Planning Act 2008 as a tool for local authorities in England and Wales to help deliver infrastructure to support the development needs of their area.
The Community Infrastructure Levy came into force on 6 April 2010 through the Community Infrastructure Levy Regulations 2010, and has been updated on several occasions since this date. If the local planning authority has chosen to set a charge in its area, development may be liable for a charge under the Community Infrastructure Levy. The charge is based upon the size and type of development and once a Community Infrastructure Levy Charging Regime has been set it is mandatory to pay and non-negotiable.
For the purposes of the legislation, the District Council is a charging authority and as such, is only able to set a rate for the Community Infrastructure Levy which does not threaten the ability to viably develop and deliver the sites and overall scale of development envisaged in the Local Plan.
The National Planning Practice Guidance (NPPG) sets out that in introducing a Community Infrastructure Levy local authorities should draw on the infrastructure planning evidence that underpins the development strategy for their area and seek to strike an appropriate balance between the desirability of funding infrastructure from the levy and the potential impact upon the economic viability of development across their area.
To ensure that the introduction of a Derbyshire Dales Community Infrastructure Levy will not have an adverse effect upon the viability of development, the District Council appointed consultants Cushman & Wakefield to undertake an assessment of viability and infrastructure needs. The consultant’s reports are available to in the Evidence Base.
The reports concluded that there are a number of benefits to the introduction of a Derbyshire Dales CIL:
- CIL will provide land owners and developers with greater certainty as to the level of contributions payable from their development
- CIL receipts can be spent in a more flexible way than planning obligations
- CIL will generate income for the District Council to facilitate the provision of local and strategic infrastructure
- CIL is non-negotiable
- CIL ensures greater transparency to local people as the Council will have to publish details of how CIL has been spent
- A proportion of CIL receipts are to be shared with the local community, with a greater proportion being available where Neighbourhood Plans are in place.
Parishes where development takes places will receive their own portion of CIL to spend on infrastructure. In areas where there is no Neighbourhood Plan this will be 15%, capped at £100 per existing dwelling to be spent on local priorities. Where a Neighbourhood Plan is in place the portion increases to 25% uncapped as a government incentive to prepare a Neighbourhood Plan.
Detailed guidance on CIL is included on the Governments website https://www.gov.uk/guidance/community-infrastructure-levy
To ensure compliance with the Regulations governing the introduction of a Community Infrastructure Levy it is necessary for the District Council to undertake two formal rounds of public consultation- this first stage which is to gather views on a preliminary charging schedule, and a second to consult on a draft charging schedule. Following which an Examination in Public held by an independent examiner will consider the evidence which seeks to justify the introduction of a Derbyshire Dales Community Infrastructure Levy along with the responses to the public consultation.
In accordance with the Community Infrastructure Regulations the District Council are now consulting on a Preliminary Charging Schedule. This is also available to view below.
The consultation has now closed
Preliminary Charging Schedule [PDF 552KB]