CIL & STUDENT ACCOMMODATION - Public forum - Planning Advisory Service (PAS)

It depends to a large degree on how the Charging Schedule is worded.

Thanks Tony.

Our charging schedule just says residential development. I have already spoken with our Policy team to raise the issue of writing a screwed down definition of 'residential' as to my mind residential would include a variety of developments including holiday lets and student accommodation. As long as there is no definition written within the CIL regulations that I have missed I am happy that writing our definition will solve this problem.

Thanks for your help.

Rebecca

Hi Rebecca,

Student accommodation would normally pay CIL if viability evidence indicates that is viable to do so. This could be at the same rate as residential or a different rate. The slight uncertainty would be whether or not it is developed by a University or College directly and whether those are classed as a charity and therefore qualify for charitable relief?

Kind regards,

Rob Searle (DSP)

Hi Rebecca.  My concern would be that if you hadnt tested the viability of student housing as part of the preparation for your charging schedule then imposing the resi charge on this category could be challenged by developers of student accommodation in your jurisdiction.  Perhaps the non-specificity of your definition of resi provides some safety but you might wan to investigate the potential risks of this preferred approach.

In Plymouth we introduced a separate charge for student accommodation in our CIL schedule mindful of the very different viability dynamics of developing C3 resi and student accommodation.  At the time we developed our schedule, C3 resi was marginally viable while student accommodation was a walk in the park.

Best of luck!

Thanks everyone,

Our Policy team headed up the viability testing so I am sure they will have their findings at their fingertips to draft the residential definition and make the decision on the student accommodation.

Thank you all for your guidance and support.

Rebecca

Rebecca, when you say in your original post "We are implementing our CIL next month" I assume that you mean that you are bringing the CS into effect following examination. If that is the case, in my view, you can't alter the CS by adding a definition of "residential development" unless the inspector recomended that you do so.

Most of the CSs that I've seen define uses by reference to their use class (which can bring its own complications). Our CS says "Residential falling within Class C3(a) & (c) and C4".

Then we charge at a seperate rate for "Care homes falling within Class C3(b) and C2" 

If you have a significant amount of student accommodation in you area then, as David said, it would have been prudent to test its viability specifically.