CIL Charging Rates for "different" Retail uses

Planning Advisory Service (PAS)

Grŵp agored | Wedi dechrau - Gorffenaf 2012 | Gweithgaredd diwethaf - May

Former Member, Addaswyd 11 Years yn ôl.

CIL Charging Rates for "different" Retail uses

Although neither the primary legislation nor the CIL Regs. themselves link their use of the word "uses" to the Use Classes Order there is a seemingly growing view that that is the way the word should be regarded. At least two LPAs have now amended their Charging Schedules to remove differential charging rates bases on different sizes of retail development despite having evidence that showed that viability varied significantly with size. We have evidence that shows that viability varies between comparison and convenience retail operations. Agents for the large supermarket operators are arguing (unsurprisingly) that all types and sizes of retail operations should be treated as one "use" for the purposes of the Regs. Is there a consensus view amongst LPA officers emerging on this and has any LPA got a Charging Schedule through examination with differential retail rates in it? Are there any indications that the expected Amendment Regulations will provide clarification onthis matter?

Former Member, Addaswyd 11 Years yn ôl.

Re: CIL Charging Rates for "different" Retail uses

Wycombe DC just received their report this week and differential retail rates were approved by the Examiner based on viability evidence demonstarting differences between supermarkets and other retail and arguing that supermarkets are different uses based on their characteristics and markets - http://www.wycombe.gov.uk/council-services/planning-and-buildings/planning-policy/community-infrastructure-levy/examination.aspx

Former Member, Addaswyd 11 Years yn ôl.

Re: CIL Charging Rates for "different" Retail uses

Thanks Gerard thats useful. It's the second examiners report that I have seen that specifically states that there is nothing in the CIL Regs to prevent diferential rates being applied to retail proposals of different sizes (provided of course that there is viability evidence to support the distinction). It now seems clear that the major retailers (no names!) who have been arguing that "use" in the CIL Regs means a use as set out in the Use Classes Order have lost the day.

Former Member, Addaswyd 11 Years yn ôl.

Re: CIL Charging Rates for "different" Retail uses

When CIL was first introduced I raised this issue with the DCLG staff involved in its creation and who were attending the various frontrunners events, contending that the use of UCO definitions would result in too many anomalies while people might not feel too comfortable with the intrinsic vagueness of common sense definitions. Retail is obviously a high profile example but policies to charge for D2 uses pose more viability assessment problems and might have more unintended consequences. On balance I preferred the latter. They did not disagree.

Former Member, Addaswyd 8 Years yn ôl.

RE: Re: CIL Charging Rates for "different" Retail uses

HI All - this is an old post but relevant to my query.

My authority is approaching CIL Examination. We are proposing differential retail rates based on "supermarket" and "retail warehouse/ retail park".

I would be interested in recent examples in last couple of years or so of similar retail differentiation used by CIL charging Authorities passing Examination.

Definitions we're proposing are:

Supermarket:

[1] Defined as a shop which is a shopping destination in its own right, where weekly and daily food shopping needs can be met and which can also include non-food floor space as a part of the overall mix of the unit.

Retail Warehouse/ Retail Park

[1] Defined as stores selling comparison goods such as bulky goods, furniture, other household and gardening products, clothing, footwear and recreational goods. These stores will comprise of single storey format (with flexibility to include an internal mezzanine floor) and will have dedicated free car parking provision to serve the units.

Phil Morris, Addaswyd 8 Years yn ôl.

RE: Re: CIL Charging Rates for "different" Retail uses

Enthusiast Postiadau: 40 Dyddiad Ymuno: 21/10/2011 Bostiadau diweddar

You can only differentiate on the basis of viability evidence, and the viability evidence will define the differences. That being said I think you must use a size threshold to give some certainty - but again this must be based on evidence. There used to be a clear difference in the average turnover per m2 of companies that operate larger convenience goods based stores compared to those that only operate smaller stores - this can form the basis of your analysis.