CIL and Boundary Changes - Public forum - Planning Advisory Service (PAS)
CIL and Boundary Changes
Daniel Hudson, Addaswyd 10 Years yn ôl.
CIL and Boundary Changes
Advocate Postiadau: 121 Dyddiad Ymuno: 25/04/2012 Bostiadau diweddarMy authority is seeking to establish a CIL following completion of its local plan. A large part of the District is within National Parks and these will obviously be unaffected by the District CIL and the National Parks have no intention of introducing their own CILs.
However there has recently been a public inquiry into a draft Variation Order to extend the national parks into areas for which my authority is the planning authority and the question arises of what happens if and when borders change.
In terms of planning policy, the District's Local Plan will remain the Development Plan for the areas taken into the National Parks until such time as the Parks produce a successor plan.
However if CIL is up and running, based a Charging Schedule based on current boundaries, what happens if those boundaries change?
1) Will the National Park Authority be the collecting authority for CIL for the District?
2) Will the National Park Authority be the spending authority for a small amount of CIL collected in a small part of its area independently of the District?
3) Can the National Park Authority decide not to levy CIL within these areas unilaterally or does it have to be in the context of a review of the whole charging schedule (and another examination).
4) Given that the only acceptable reason for any geographical variation within CIL is viability, would the pre-emptive exclusion of the prospective national park areas to avoid such complication be unlawful - and would a future attempt to amend the boundary in the context of a CIL review be similarly unlawful.
A CIL Charging Schedule can only apply to land within the boundaries of the Charging Authority that approved/adopted it. I would say that, if those boundaries change, then the CS no longer applies to to the "removed" land.
There are lots of queries in your post but I will focus in on :
- If or when the boundary changes - the National park would be the charging authority for the park and they will need to decide whether they are going to have a CIL. Therefore if you have a CIL you would lose this part
- differentiation - I would proceed with your CIL as you previously intended as the only reason you should differentiate your CIL rate is on the grounds of viability - so unless the area tha might be put in the park has different viability at present you would not be complying with the regs and guidance.
Daniel Hudson, Addaswyd 10 Years yn ôl.
CIL and Boundary Changes
Advocate Postiadau: 121 Dyddiad Ymuno: 25/04/2012 Bostiadau diweddar
The areas concerned are sparse rural areas where there is unlikely to be much development in any event so there is no strategic concern from the resource point of view.
I think Tony's point is the clincher - the District Council would be ultra vires in seeking to collect CIL from outside its local planning area.
Perhaps the most pragmatic approach might be to proceed on the basis of the existing boundary but with a footnote explaining that
i) the District's CIL can only be levied within areas for which it is the Local Planning Authority and that,
ii) in the event of areas being included within National Parks, SLDC will no longer be able to levy a CIL within these areas.
iii) it will be for the relevant National Park authority to decide whether or not it wishes to levy a CIL.