Meeting Habitat Regs Requirements and conversions - Public forum - Planning Advisory Service (PAS)

A further question - can you meet your HRA obligations using CIL? CIL breaks the link between impacts and mitigation so how can you demonstrate that the development is HRA compliant? It's probably best to stick to S106. If you can use CIL for larger developments, you could still use S106 for non-CILable development and define your HRA infrastructure under two separate strands.

CLG are fully aware of the issue and have been discussing this with Natural England and a number of other authorities. There is a hope, perhaps more than an expectation, that may be addressed in the changes to the CIL Regs that are due this autumn.

Thames Basin Heaths SPA Authorities are discussing this issue with CLG at the moment. If CLG agree to amend the Regs to reflect this issue, and they have not done so to date, no change to the regulations will be forthcoming until middle of next year at the earliest. In respect of development not liable for CIL and Habs Regs you have two choices - either refuse or charge extra on those developments liable for CIL so that you can build up a funding pool frrom which to offset the avoidance/mitigation costs of none CIL liable development. 100%affordable housing schemes , in particular, will need such support.

I am unclear why you wouldnt charge S106 for mitigation on non-Cilable development. HRA mitigation will be divisable into a number of projects or types of project. You could clearly differentiate these in your 123 list between CIL funded and S106 funded projects - which is of course flexible and can be changed as projects are implemented or emerge.