SPD CIL practice note - Norwich City Council

Planning Obligations and the introduction of the Community Infrastructure Levy
Practice Note
From 15 July 2013 the Community Infrastructure Levy (CIL) is being implemented in
Norwich. This affects the collection of developer contributions secured by a planning
obligation made under Section 106 of the Town and Country Planning Act 1990
(section 106 agreements).
Funding for strategic infrastructure previously provided for from section 106
agreements has been replaced by CIL.
However, in certain limited circumstances set out below, it is still appropriate for
developers to provide site specific contributions for on-site or near site
infrastructure required directly as a result of the development through section 106
agreements.
The following table identifies which Supplementary Planning Documents (SPDs) have
been affected by these changes and identifies when section 106 payments are and
are not required.
Planning obligations do not apply to the other SPDs and these are not affected by
the adoption of CIL.
This table should be read in conjunction with the adopted Regulation 123 list for
Norwich (see appendix 1). The Regulation 123 list is the annually updated list of
strategic infrastructure projects to be funded or part funded through CIL. The
purpose of the Regulation 123 list and this table is to clarify the situation in relation
to contributions made through Planning obligations (which include section 106 or
Unilateral undertakings) and payments through CIL and to ensure that there is no
duplication.
SPD
Open
space and
play
provision
RLP
policies
SR1, 2, 4
and 7
Relevant
paragraphs
Paragraphs
12, 22, 25,
31-37, and
annex no
longer
apply.
Requirements
Open Space
 As per submitted policy DM8, development
on windfall and allocated sites of 100
dwellings and above or over two hectares
in size will be required to provide for
informal publicly accessible recreational
open space on site as an integral part of the
overall design and landscaping of the
development in addition to CIL payments.
 Smaller sites will provide for open space
off-site through CIL.
 Strategic open spaces will be provided for
through CIL as part of the green
infrastructure network (see appendix 1).
 Maintenance of any on-site space needs to
be secured. The Council may adopt such
land and in such cases will require
maintenance payments. This will be
negotiated on a case by case basis.
Play




As per submitted policy DM8, sites which
provide 100 child bed spaces or more
should include the on-site provision of
younger children’s playspace unless there is
a play area of equivalent standard within
400 metres walking distance of the site. In
these circumstances, developers will be
expected to provide for the improvement
of the established play area through a
planning obligation. The extent of the
improvements will be dependent on the
additional playspace needs arising directly
from the development.
Maintenance of any on-site play space
needs to be secured. The Council may
adopt such land and in such cases will
require maintenance payments. They will
be negotiated on a case by case basis.
Smaller sites will provide for open space
off-site through CIL.
Strategic play space such as skate parks will
be provided for through CIL.
SPD
Trees and
Development
RLP
policies
NE4
Relevant
paragraphs
31 to 33 re
obligations
continue to
apply
Requirements


Heritage
Interpretation
TVA8
33 re
obligations
continues to
apply



Transport TRA 10
Transport 11 and
(not
12
formally
adopted)
This draft
SPD no
longer
applies





Where the highway is not within the
development boundary and planting is
appropriate on that frontage, a commuted
payment for street tree planting will be
sought through a planning obligation.
Strategic tree planting will be provided for
through CIL as part of the green
infrastructure network (see appendix 1).
It is expected that heritage interpretation
will be small scale and site-specific and will
thus fall entirely outside CIL.
Heritage interpretation measures
negotiated as part of a development
(including both provision and ongoing
maintenance) will normally be secured
through a planning condition and provided
on site.
Where it is not practicable to provide
heritage interpretation on site, provision
may be sought on an immediately adjoining
site (e.g. on the footway or other public
land), by means of a planning obligation.
On site provision will be conditioned;
Off site measures required directly as a
result of the development (e.g. a new
pedestrian crossing), will be secured
through a Grampian Condition and subject
to a Section 278 agreement;
A planning obligation may be required for
some on and off site provision (e.g. the
provision of a car club vehicle) if not
otherwise incorporated in any condition
relating to a Travel Plan.
Strategic transport improvements (e.g. to
the bus rapid transit network) previously
provided for through transport
contributions will now be provided through
CIL – see appendix 1)
Travel plans and Transport
Assessments/statements will continue to
be required to support proposals.
Appendix 1: Community Infrastructure Levy: regulation 123 list for 2013/14
The introduction to the adopted Section 123 list (available at
http://www.norwich.gov.uk/CommitteeMeetings/Cabinet/Document%20Library/36/
REPCabinet09CommunityInfrastructureLevy20130612.pdf , see appendix 2) states:
The Community Infrastructure Levy (CIL) can be used to fund the provision, improvement,
replacement, operation or maintenance of infrastructure to support the development of
the charging authority’s area. Under the Community Infrastructure Levy Regulations
2010, as amended, there is the provision for CIL charging authorities to publish a list of
relevant infrastructure that will be funded in part or whole by the monies collected. The
further purpose of this list is to let developers know where they stand in relation to
contributions through Section106 [of the] Town and Country Planning Act 1990 and CIL
and to ensure that there is no duplication.
The list the CIL covers the following strategic infrastructure in relation to the SPDs:
Transport
Infrastructure Type
Scheme/ project
Transport*
Bus rapid transit route via
Dereham Road Phases 2 & 3
City Centre bus
improvements phases 1, 2 &
3
Strategic cycle network
Transport
Transport
Dependent growth locations
/ Projects
West growth locations
Overall scale of growth
Open Space, Play and Trees
Infrastructure Type
Scheme/ project
Green Infrastructure*
Green infrastructure projects
and open space
Informal Open Space,
Outdoor Sport & Play (where
not provided on site as an
integral part of the design of
a scheme)
Indoor sports provision
Green Infrastructure
Community facilities
Dependent growth locations
/ Projects
Overall scale of growth
Norwich
Norwich
*These projects apply to the overall growth in the area and will have knock on impacts on
other projects and growth locations.
Therefore there is no duplication between the section 106 payments required in
addition to CIL and the strategic infrastructure provided through CIL.

Download Report