Agenda Item No.











Approval was sought for the consultation response attached at Appendix A to the report and Members were informed of the proposed amendments to the Community Infrastructure Levy Regulations 2010.


Currently, the Council entered into legal agreements with developers under Section 106 of the Town and Country Planning Act 1990 to seek contributions from developers to provide facilities such as transport, open space, and education to serve new developments.  On the 6 April, 2010 the Community Infrastructure Levy Regulations 2010 came into force, which changed the way in which planning obligations could be sought through Section 106 Agreements, meaning these would now in part be replaced with the Community Infrastructure Levy (CIL). CIL was a new charging system that could be applied to most forms of development to fund infrastructure improvements that supported the development of the authority area in accordance with the Local Development Plan (LDP).


On 21 February, 2011 Cabinet resolved (Cabinet Minute No. C1230 refers) to commence work on preparing a Community Infrastructure Levy for the Vale of Glamorgan. This work was being undertaken in tandem with the preparation of the Local Development Plan (LDP).


The current Department for Communities and Local Government (DCLG) consultation sought views on further regulatory reforms to the Community Infrastructure Levy. Comments on the proposals were required by 28 May, 2013. The consultation covered a range of amendments to the regulations related particularly to rate setting and the operation of the levy in practice.


These included:

-           Requiring a charging authority to demonstrate that it has struck an appropriate balance between the desirability of funding infrastructure from the levy and the potential effects of the levy on economic viability of development across its area (see question 1);

-           Amending the provisions on setting differential rates (see question 2);

-           Extending the consultation period on the draft charging schedule (see question 3);

-           The role of the list of infrastructure and procedures for reviewing it (see questions 4 and 5);

-           Extending the transition period for further limitations on the use of pooled planning obligations from April 2014 to April 2015 to allow charging authorities more time to take into account the reforms we have already introduced and those proposed in this consultation (see question 6);

-           Amending the relationship between the levy and section 278 agreements (see question 7);

-           Allowing charging authorities the choice to accept payments in kind through provision of both land and infrastructure either on-site or off-site for the whole or part of the levy payable on a development (see questions 8 to 10);

-           Extending the provisions for phasing of levy payments to all types of planning permission to deal fairly with more complex developments (see questions 11 to 14);

-           Allowing existing floorspace to be credited against the levy liability provided the use has not been abandoned (see question 15);

-           Ensuring multiple liability provisions work effectively so that new applications that bring forward changes but do not increase floorspace on permitted, but not completed, schemes will not trigger an additional liability (see question 16);

-           Giving charging authorities the discretion to apply social housing relief to discounted market sales in their areas and ensuring that ancillary and communal areas are reflected (see questions 17 to 19);

-           Making it easier to apply exceptional circumstances relief provisions (see question 20);

-           Introducing relief from the levy for self-build homes (see questions 21 and 22);

-           Modifying the appeals procedures and allowing appeals in certain cases after development has commenced (see questions 23 and 24);

-           Introducing transitional measures so that changes related to the charge setting process should not apply to authorities who have already published a draft charging schedule (question 25).


The Council was still in the early stages of preparing a Community Infrastructure Levy for the Vale of Glamorgan and many of the changes did not have significant or immediate implications for the Council, but would need to be complied with in the future adoption and implementation of CIL if they were carried forward into final amended regulations.


Therefore, for the Council, the key amendment proposed was to extend the transition period for further limitations on the use of pooled planning obligations from April 2014 to April 2015 to allow charging authorities more time to take into account the shift from section 106 agreements towards CIL for larger infrastructure projects.


This amendment was welcomed as there was no prospect of the Council adopting CIL before April 2014 as it was reliant on the prior adoption of the Local Development Plan for the area. However, the consultation response at Appendix A to the report called for a further delay to take account of situations such as ours where an approved Development Plan was not in place for the area (see response to Question 6 at Appendix A).


This was a matter for Executive decision.




(1)       T H A T the consultation response attached at Appendix A to the report be approved.


(2)       T H A T the report be referred to Planning Committee for information.


Reasons for decisions


(1)       To apprise DCLG of the Council's views on the proposed amendments.


(2)       To inform Planning Committee of the matters raised in the report.





Attached as Appendix – Report to Cabinet – 20 May, 2013.