The Community Infrastructure Levy (CIL) is “a charge which can be levied by local authorities on new development in their area. It is an important tool for local authorities to use them to help deliver infrastructure needed to support development in their area” (Planning Practice Guidance on CIL). CIL works alongside planning obligations (made under Section 106 of the Town and Country Planning Act 1990), which are used to secure on-site infrastructure and some other elements, the most significant of which is often affordable housing.
Although not mandatory, East Suffolk Council’s predecessor councils introduced CIL: Waveney CIL Charging Schedule (adopted 2013) and Suffolk Coastal CIL Charging Schedule (adopted 2015). CIL rates in both areas have been increased annually, in line with the Royal Institute of Chartered Surveyors’ CIL Index (which is published in November each year).
We are now preparing a single CIL Charging Schedule for the whole of the East Suffolk district. The current White Paper consultation (August-October 2020) proposes a move to a national Infrastructure Levy, but as there is considerable uncertainty about both the precise form that any changes may take, and their timing. The council will continue with the preparation and adoption of a single East Suffolk CIL Charging Schedule.
The CIL Regulations, and CIL guidance, set out how CIL Charging Schedules should be prepared. See below for further information on the main stages and timings for the preparation of the CIL Charging Schedule.
As part of this process, we will also be preparing an East Suffolk CIL Instalments Policy, which allows the payment of CIL in instalments (as with the CIL Charging Schedules, there are currently two separate Instalment Policies, one for the former Waveney area, and one for the former Suffolk Coastal area).
Prepare the evidence base and collaborate with neighbouring/overlapping authorities and other stakeholders (spring 2021)
As the first stage of this work, consultancy Aspinall Verdi has been commissioned to prepare a Viability Appraisal to provide the key evidential base for the CIL Charging Schedule. Aspinall Verdi has previously prepared the Viability Reports to underpin both the Waveney Local Plan (adopted in 2019) and Suffolk Coastal Local Plan (adopted in September 2020) and so is familiar with the East Suffolk area.
The baseline viability assumptions (such as building costs, finance and marketing costs, typical construction period etc) have been prepared and consultation on these assumptions is being held from 15 March to 26 April 2021. Initial consultation on the draft East Suffolk CIL Instalments Policy is also taking place at the same time.
Consultation comments on the draft template will help inform the draft Viability Report and will be taken into consideration during Stage 2, the preparation of the draft CIL Charging Schedule.
Prepare and publish a draft CIL Charging Schedule for consultation (2021)
Taking into account information received from the evidence base and stakeholder engagement, the draft Charging Schedule and supporting documents will be prepared and published for the submission of representations.
Consultation on the draft Charging Schedule is due to commence mid November 2021.
Submit the draft Charging Schedule for independent examination and undertake the examination (spring 2022)
Comments received on the draft Charging Schedule must be assessed and taken account of. It is then submitted (alongside the evidence base and other supporting documents and information) for formal examination, by an independent examiner. The examination takes place in public, with all information available on the council’s website. Any person wishing to be heard before the examiner can make such a request.
Consider the examiner’s recommendations and approve and bring into effect the Charging Schedule (summer 2022)
The council must have regard to any recommendations made by the examiner in their report. If approval is recommended subject to modifications, the council must make appropriate modifications. The Charging Schedule must then be approved by a resolution of the full East Suffolk Council, with a specified commencement date.