IMPLEMENTING CIL – BRISTOL’S EXPERIENCE Jim Cliffe Planning Obligations Manager Bristol City Council

Bristol’s CIL Programme Aug 2011 – commission viability study Aug 2011 – commission viability study Oct 2011 – receive final viability study Oct 2011 – receive final viability study 28 Nov 2011 to 20 Jan 2012 – Preliminary Draft Charging Schedule consultation 28 Nov 2011 to 20 Jan 2012 – Preliminary Draft Charging Schedule consultation 2 to 30 March 2012 – Draft Charging Schedule consultation 2 to 30 March 2012 – Draft Charging Schedule consultation 18 April 2012 – submit to PINS 18 April 2012 – submit to PINS 20 and 21 June 2012 – CIL Examination 20 and 21 June 2012 – CIL Examination 12 July 2012 – receive examiners report 12 July 2012 – receive examiners report

CIL Costs Viability Study, Examination, Statutory Notices, Programme Officer, Consultation Events etc - £41,000 Viability Study, Examination, Statutory Notices, Programme Officer, Consultation Events etc - £41,000 Officer time – 750 hours over 11 months Officer time – 750 hours over 11 months

Tip No. 1 – Infrastructure Planning It doesn’t need to be overly detailed It doesn’t need to be overly detailed If you’ve got an up to date Core Strategy / Local Plan you can rely on the Infrastructure Planning that accompanies it If you’ve got an up to date Core Strategy / Local Plan you can rely on the Infrastructure Planning that accompanies it

Tip No. 2 – Get the Viability Study brief right Make sure the consultant knows what is required of them and is capable of delivering it. Make sure the consultant knows what is required of them and is capable of delivering it. Ensure the consultant does the following: Ensure the consultant does the following: –Identify the maximum CIL rate that each use could sustain –Recommend a CIL rate for each use and explain their rationale Make sure the consultant will be available for your CIL Examination Make sure the consultant will be available for your CIL Examination

Tip No. 3 – Setting Residential CIL Rates Follow this rule for residential CIL rates “Our CIL rates will be set at a level that will not make residential development that is currently policy compliant and viable, unviable” ….. Follow this rule for residential CIL rates “Our CIL rates will be set at a level that will not make residential development that is currently policy compliant and viable, unviable” ….. ….. and don’t worry too much about residential development that is unviable even with no CIL ….. and don’t worry too much about residential development that is unviable even with no CIL

Tip No. 4 – Keep your CIL rates simple Don’t try to be clever with Regulation 13 Don’t try to be clever with Regulation 13 Setting differential rates for different quantum's of the same development type leads to many objections and a more complicated examination Setting differential rates for different quantum's of the same development type leads to many objections and a more complicated examination It is also more difficult and resource hungry to implement It is also more difficult and resource hungry to implement

Tip No. 5 – Representations Deal thoroughly with those representations that Deal thoroughly with those representations that –provide evidence –question your compliance with the regulations –question your infrastructure planning There is virtually nothing else (comments about exceptions policy, review period, the regulations, the meaningful proportion etc) relevant to the CIL Examination There is virtually nothing else (comments about exceptions policy, review period, the regulations, the meaningful proportion etc) relevant to the CIL Examination

Tip No. 6 – Help the Examiner (part 1) Revise your Planning Obligations SPD simultaneously with introducing CIL Revise your Planning Obligations SPD simultaneously with introducing CIL Produce a Draft Regulation 123 list Produce a Draft Regulation 123 listAND Submit them both to the Examiner, as it will assist with complying with the revised CIL Guidance and show that you are being transparent in your approach Submit them both to the Examiner, as it will assist with complying with the revised CIL Guidance and show that you are being transparent in your approach

Tip No. 6 – Help the Examiner (part 2) Development typeMaximum viable CIL rate Proposed CIL rate CIL as % of maximum viable rate CIL as % of Costs CIL as % of GDV Inner Zone Residential £130£ Outer Zone Residential £90£ Retail£250£ Student Housing£220£ Hotel£160£

Tip No. 7 – What to do in moments of angst Refer to Regulation 14 and reassure yourself that as a Charging Authority – the regulations are on your side!! Refer to Regulation 14 and reassure yourself that as a Charging Authority – the regulations are on your side!! Regulation 14 – “…. A charging authority must aim to strike what appears to the charging authority to be an appropriate balance ….! Regulation 14 – “…. A charging authority must aim to strike what appears to the charging authority to be an appropriate balance ….!

Getting ready to implement CIL It’s A LOT OF WORK!!! It’s A LOT OF WORK!!! Allow sufficient time – we allowed over 5 months from receipt of our examiners report to our charges taking effect Allow sufficient time – we allowed over 5 months from receipt of our examiners report to our charges taking effect

Things to do prior to CIL taking effect (1) Make sure the system you use to deal with planning applications can cope Make sure the system you use to deal with planning applications can cope Ensure resources are in place in your planning admin teams Ensure resources are in place in your planning admin teams Produce CIL Liability and CIL Demand Notices Produce CIL Liability and CIL Demand Notices Update your webpage to ensure all necessary CIL information is there Update your webpage to ensure all necessary CIL information is there

Things to do prior to CIL taking effect (2) Advertise the taking effect date to all local developers, agents etc Advertise the taking effect date to all local developers, agents etc Let people know the dates after which any application submitted will be liable for CIL if it is approved Let people know the dates after which any application submitted will be liable for CIL if it is approved Be clear with applicants about whether their application will be determined prior to CIL taking effect Be clear with applicants about whether their application will be determined prior to CIL taking effect

Things to do prior to CIL taking effect (3) Expect a spike in planning applications and pressure on officers to determine applications prior to CIL taking effect Expect a spike in planning applications and pressure on officers to determine applications prior to CIL taking effect Consider whether additional Planning Committee meetings need to be programmed in Consider whether additional Planning Committee meetings need to be programmed in Complete or dispose of any unsigned Section 106 Agreements – this can have legal resource implications Complete or dispose of any unsigned Section 106 Agreements – this can have legal resource implications

Things to do prior to CIL taking effect (4) Let appellants and PINS know that appeals determined after the CIL charges take effect will be liable for CIL Let appellants and PINS know that appeals determined after the CIL charges take effect will be liable for CIL Consider whether the CIL Questions Form is to become a local validation requirement and consult on this if need be Consider whether the CIL Questions Form is to become a local validation requirement and consult on this if need be

….. and finally Ensure you have a procedure in place for allocating CIL monies – this can be more complicated than you think!! Ensure you have a procedure in place for allocating CIL monies – this can be more complicated than you think!!

GOOD LUCK