England planning news, February 2019

The Government has carried out a technical consultation on draft amendments to the Community Infrastructure Levy (CIL) Regulations. The Regulations would not apply in Wales, and so should they come into force the CIL Regulations will be different for England and Wales for the first time.

The key proposals are as follows:

1. Removing the pooling restriction, thereby allowing authorities to collect contributions from more than five s106 obligations to fund a single infrastructure project. This would be achieved through the omission of Regulation 123, so it would also become easier for authorities to fund the same item of infrastructure through CIL and s106.
   
   
2. In order to link CIL rates to the value of development rather than the cost of building infrastructure, CIL for residential development would be indexed to a three-year smoothed average of the annual local House Price Index (other time periods are being tested). Non-residential development would be indexed to the Consumer Price Index (no smoothing of the data).
   
   
3. A charging authority must publish an Annual CIL rate summary on its website setting out its rates, the inflation index that applies to each rate, and what the indexed rate is for each rate.
   
   
4. Contribution receiving authorities must produce an annual infrastructure funding statement which would (amongst other things) set out revenue and non-monetary contributions from CIL and s106 agreements, the value of CIL liability notices, the types of infrastructure that might be funded by CIL, and a three year forecast of CIL and s106 agreement receipts. It would replace the ‘Regulation 123 list’.
   
   
5. Extending the abatement provisions so that phased planning permissions that were granted before CIL came into force in an area become able to balance CIL liabilities between different phases of the same development.
   
   
6. Starter Homes will be included in the types of affordable housing that can benefit from social housing relief.
   
   
7. Reduced penalty for failing to submit a Commencement Notice.
   
   

There are no provisions for a strategic infrastructure tariff, which could be brought forward through combined authority orders where necessary.

CIL Regulations require approval by both Houses of Parliament, and consequently it is not clear when this might take place and so when they might come into force; albeit the draft Regulations anticipate that it would be during 2019.

The High Streets Expert Panel has published a new report that sets out a series of recommendations for the new High Streets Task Force. The suggestion for a Task Force was put forward by the Panel ahead of last year’s budget, with the aim of providing expertise and hands-on support to local areas.

The recommendations build on evidence gathered during a series of workshops, undertaken by the Institute of Place Management, held in places where positive changes to local high streets and town centres had been achieved.

The report recommends that the Task Force should:

• be a single voice for town centres;
• provide places with access to the data to help them improve their town centres;
• facilitate cross-sector networking and skills building;
• share information and best practice stories;
• provide access to expert help and support;
• help to enable local ‘champions’ in driving forward their plans; and
• help to streamline the planning process.
  
  

The report also suggested criteria for how the Government’s new Future High Streets Fund should be spent. Successful bids for the £675 million fund should demonstrate high level of community involvement, have a clear long-term vision, and show a commitment to partnership, collaboration and cross-sector leadership.

The fund will also help support the regeneration of heritage high streets, helping to restore historic buildings, and supporting communities to bring historic buildings back into economic use.