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Consultation on Draft Charging Schedule

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 view online in the Evidence Base section of the website. Any person wishing to inspect a copy of the consultant’s reports should contact the Planning Policy team (01629 761241) to make the necessary arrangements.

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 is the second stage and has taken account of the representations made on the preliminary charging schedule during the public consultation in February/March 2018.

Following this consultation an Examination in Public will be held later in the year by an independent examiner who will consider the evidence which seeks to justify the introduction of a Derbyshire Dales Community Infrastructure Levy along with the responses to this public consultation.

In accordance with the Community Infrastructure Levy Regulations the District Council are now consulting on the Draft Charging Schedule. This is available to view below, and for inspection at;

Town Hall
Bank Road
Matlock DE4 3NN

Arc Leisure Matlock
Bakewell Rd,
Matlock DE4 3AZ

Matlock Library
Steep Turnpike,
Matlock DE4 3DP

Ashbourne Library
Compton St
Ashbourne DE6 1DA and

Wirksworth Library
Coldwell St
Wirksworth DE4 4FB

during normal opening hours.

Anybody who wishes to make representations on the Draft Charging Schedule may do so by completing the Online Survey below. Alternatively, representations may be submitted by e-mail to:

localplan@derbyshiredales.gov.uk  

or in writing to:

Derbyshire Dales District Council (Community Infrastructure Levy Consultation)
Town Hall
Bank Road
Matlock
Derbyshire DE4 3NN

Any person making representations on the Draft Charging Schedule may request the right to have their comments heard by an examiner appointed to undertake an Examination in Public into the Derbyshire Dales Community Infrastructure Levy. 

Furthermore any person wishing to be notified of any of the following should do so in writing as part of this consultation:

(i) that the draft charging schedule has been submitted to the examiner in accordance with Section 212 of Planning Act 2008,

(ii) the publication of the recommendations of the examiner and the reasons for those recommendations, and

(iii) the approval of the charging schedule by the charging authority. 

In accordance with the Community Infrastructure Levy Regulations the District Council are now consulting on the Draft Charging Schedule. This is also available to view below along with the Statement of Representation Procedure.

The consultation will run from 6th July to 7th September 2018.

Take part in the online consultation

Documents

Draft Charging Schedule [PDF 553KB]

Statement of Representation procedure [PDF 120KB]