North Dorset Community Infrastructure Levy

The former North Dorset District Council is reviewing whether to adopt its Community Infrastructure Levy (CIL) Charging Schedule following the publication of the Government's Housing White Paper and the Government commissioned Community Infrastructure Levy Review. In the interim, Section 106 agreements will continue to be used in order to make acceptable development which would otherwise be unacceptable in planning terms. Guidance on Section 106 agreements can be found in the Government's Planning Policy Guidance.

Timetable

The current indicative timetable for implementing the CIL in North Dorset is shown below. This timetable could be subject to change.

CIL overview

The CIL is a charge which allows councils to raise funds from developers to help pay for the infrastructure which their developments will require. If adopted, it will replace existing Section 106 contributions that some developments have been making towards broad infrastructure provision. Site specific infrastructure may still be funded by way of Section 106 payments. CIL charges will be based on the size and type of development proposed. The money raised can be used to fund a wide range of infrastructure including community facilities, schools, transport schemes, health facilities and open spaces.

November 2014 we appointed Peter Brett Associates to assist with the work on the North Dorset CIL. The North Dorset Whole Plan Viability and CIL Study was produced and sets out the viability foundations for preparation of a preliminary Draft Charging Schedule. It was considered by Cabinet on 27 April 2015 and accepted as the basis for preparing and consulting on a Preliminary Draft CIL Charging Schedule.

Preliminary Draft CIL Charging Schedule

We consulted on the Preliminary Draft CIL Charging Schedule between 24 July and 18 September 2015. The North Dorset CIL Consultation Document explains in more detail what CIL is and why the consultation took place. Two documents formed the basis of the consultation and can be viewed using the following links:

• North Dorset CIL Preliminary Draft Charging Schedule
• Draft CIL Regulation 123 List

Representations were received from different quarters, including parish councils, individuals and developers' agents. See North Dorset CIL Preliminary Draft Charging Schedule for individual representations.

Representations were examined and the initial outcomes were reported to Members during October 2015. Responses to the representations were reported in detail to Members in February 2016.

Peter Brett Associates, the consultants advising on CIL matters, updated the original viability report  in the light of the consultation and changes in circumstances which have taken place since the original report was prepared. The updated report was presented to Cabinet on 22 February 2016. Updated viability report.

Draft CIL Charging Schedule

We consulted on a Community Infrastructure Levy Draft Charging Schedule between 17 June 2016 and 29 July 2016. The Consultation was based on the following documents:-

• The Consultation and the Next Stages
• Statement of the Representations Procedure
• Draft Charging Schedule
• Draft Regulation 123 List
• Draft Instalments Policy
• Infrastructure Funding Gap
• Section 106, CIL and Affordable Housing
• PDCS Consultation Responses
• Infrastructure Delivery Plan
• North Dorset Whole Plan Viability and CIL Study Final Report
• North Dorset Whole Plan Viability and CIL Study Update Report

Paper copies of the relevant documents could be viewed at the Council's Offices in Blandford Forum (address detailed below) and the libraries within the District (located in Blandford Forum, Gillingham, Shaftesbury, Stalbridge and Sturminster Newton) during normal opening hours throughout the consultation. Those wishing to comment were encouraged to use the response form below although we were happy to accept written responses submitted by e-mail or post.

CIL - Response Form

Anyone making representations on the Draft Charging Schedule was able to request the right to be heard by the Examiner as part of the Examination of the Draft Charging Schedule. Representations could also be accompanied by a request to be notified, at a specified address, of any of the following:

• that the Draft Charging Schedule has been submitted to the examiner in accordance with section 212 of the PA 2008
• the publication of the recommendations of the examiner and the reasons for those recommendations
• the approval of the Charging Schedule by the charging authority (that is, the former North Dorset District Council)

Representations received ranged from straightforward support or the Council's approach to detailed critiques of aspects of the Draft Charging Schedule and other matters.

Submission of the Draft Charging Schedule for examination

Cabinet resolved on 19 September 2016 to submit the Draft Charging Schedule and associated documents for Examination. These were submitted for examination on 10 October 2016.  The examiner was Mr Terry Kemmann-Lane JP DipTP FRTPI MCMI and the programme officer was Mrs Christine Self.  The programme officer's contact details were:

Email: ac.self@blueyonder.co.uk
Post: Homefield House, Homefield Road, Saltford, Bristol BS31 3EG
Telephone: 01225 872654

The Examiner decided that a hearing will be held.  It commenced at 10am on 24 November 2016 in the Council Chamber at the offices of the former North Dorset District Council, Nordon, Salisbury Road, Blandford Forum, Dorset, DT11 7LL. 

CIL - hearing agenda 24 Nov 2016

Paper copies of the relevant documents could be viewed at the Council's Offices in Blandford Forum (address detailed below) and the libraries within the District (located in Blandford Forum, Gillingham, Shaftesbury, Stalbridge and Sturminster Newton) during normal opening hours.

On the 25 October 2016 the Council received a letter from the programme officer, setting out a number of questions from the Examiner

The Council's response is referenced below (PHD.02) together with consultees' comments on the Council's response.

The Examiner raised further questions on 15 November 2016 to which the Council also responded (PHD.04).

Examination Library

The Examination Library contains all the documents included by North Dorset District Council in its submission of the Draft Community Infrastructure Levy Charging Schedule on 10 October 2016.

The Library also contains all other documents relating to the Examination.

The submission documents are shown in the table below

Other documents

Examiner's Report

The Council received the Examiner's Report on 21 December 2016 following the Examination Hearing held on 24 November 2016.  The Report included a Non Technical Summary.

Non technical summary

This report concludes that the North Dorset District Council Community Infrastructure Levy Charging Schedule, subject to the modification that I recommend, provides an appropriate basis for the collection of the levy in the district. The Council has sufficient evidence to support the schedule and can show that the levy is set at a level that will not put the overall development of the area at risk.

One modification is needed to meet the statutory requirements. This can be summarised as follows:

Modify the zoning maps for retail charge rates (Figures 6 to 9 in Appendix B, to the Draft Charging Schedule), substituting the Prime Shopping Areas from the Nathaniel Lichfield and Partners report 'Joint Retail Assessment 2008', for the zone boundaries in the submitted Appendix B.

The specified modification recommended in this report is based on matters discussed during the public hearing and does not alter the basis of the Council's overall approach or the appropriate balance achieved.

Frequently Asked Questions

We have produced a short document which answers many frequently asked questions about CIL

We have also prepared a note for parish and town councils to explain some of the implications of the CIL