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Implementing a CIL in Sheffield - Lessons Learned

This article discusses the process of implementing the Community Infrastructure Levy (CIL) in Sheffield, highlighting key lessons learned and providing guidance for other local authorities. It covers the timescale, major decisions, evidence needed, examination lessons, preparation for implementation, post-adoption jobs, costs incurred, resources required, and the benefits of CIL. It also includes examples and advice on CIL implementation in development management.

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Implementing a CIL in Sheffield - Lessons Learned

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  1. Implementing a CIL in Sheffield- Lessons Learned Richard Holmes, Principal Planning Officer Forward and Area Planning Sheffield City Council

  2. Timescale (1) • Core Strategy adopted March 2009 • September 2011 – Cabinet decision to implement CIL • Detailed work on CIL priorities – related to Core Strategy – ‘Phase 1’ IDP and ‘Draft Interim’ 123 List • Initial ‘in-house’ work on viability • May 2012 – Quotes for a Viability Study • July 2012 – Stakeholder Workshop on viability • December 2012 – Viability Study completed

  3. Timescale (2) • January 2013 - Consultation on a Preliminary Draft Charging Schedule • February 2014 – Revised Viability Study • March 2014 - Consultation on Draft Charging Schedule • August 2014 - Consultation on Revised Draft Charging Schedule

  4. Timescale (3) • October 2014 – Submission to CLG • January 2015 – Examination • February 2015 – Examiner’s Report received • April 2015 – Cabinet Approval • June 2015 – Full Council • July 2015 – Began Charging • December 2015 – Adopted SPD

  5. Major Decisions Needed • CIL Priorities / Regulation 123 List • What level of ‘Buffer’ • Instalments? • Exceptional Circumstances Relief? • Other Discretionary Relief / PIK? • Amend Affordable Housing policy?

  6. Evidence • Viability Study / Evidence • (Draft Interim) Regulation 123 List • Statement of Representations Procedure and Inspection Statement • CIL and S.106 / S.278 Statement • Report of Consultations • Background Report • IDP / INA

  7. Submission Evidence!

  8. Examination – Lessons Learned • Early contact with PINS • Get a good PO • Research the Examiner! • Book rooms as soon as the date is agreed • Make sure viability consultants are available before, during and after

  9. Preparation for Implementation • Systems / software • DM Procedures – CIL Advice Notes • Publicity – CIL is good news! • Full Council decision needed and allow for JR period

  10. Post Adoption Immediate Jobs: • CIL and Planning Obligations SPD • Implementation Group Later: • Neighbourhood Portion - parishes and non-parished • Regulation 123 List – corporate group

  11. Lessons Learned Summary (1) • Allow lots of time • Make sure you have the budget available • Study the Regs – objectors will try and catch you out! • EVIDENCE! • Learn from others, but • Be wary of other Inspectors Reports

  12. Costs Incurred Ignoring officer time, allow for: • Viability Studies and updates • Study visits and seminars • Advertisements • Examination: • Witness support • Examiner • Programme Officer • Software and systems • Dedicated staff?

  13. Lessons Learned Summary (2) • Need detailed understanding of viability • Resources – at least 0.5 FTE preferably more • Keep senior managers and Members well informed; train officers • Give out a positive message • Celebrate!

  14. CIL is Good News - Why? • Generates significantly more funding than Section 106; • Set at a level that ensures it is affordable / viable. • Fairer, faster and more transparent than Section 106; • Gives the Council and local communities more freedom to set infrastructure priorities that are justified; • Predictable funding stream making infrastructure delivery more efficient; • Gives developers certainty and quicker planning decisions; • Rewards communities for new development through the Neighbourhood Portion; • Supported and promoted by Government. • Focus on strategic infrastructure priorities for the city; • Focus on delivering new homes and businesses in the priority locations set out in the local plan.

  15. Section 106 Contributions and CIL Comparison Actual Section 106 receipts and potential CIL Priorities (excludes affordable housing)

  16. Charges

  17. Implementation – Development Management • Produce Guidance Notes: • 1- The CIL Process • 2- Is My Development CIL Liable? • 3- Payment by Instalment Policy • 4- The Appeal Process • 5- Penalties and Surcharges • 6- Social Housing Relief • 7- Charitable Development Relief • 8- Self Build Dwellings Relief • 9- Residential Annex and Extension Relief • 10- Exceptional Circumstances Relief

  18. Implementation – DM • CIL collection wholly integrated within Development Management • Early engagement with developers / agents – training session • Prompting early submission of required information e.g. Additional Information forms a local validation requirement • House extensions – no CIL Form required • CIL Calculator • Use Examples:

  19. Single house Chatsworth Road, S17 A larger house In the highest charging zone (£80/sq m)

  20. Single house BEFORE • No S106 AFTER • CIL charging zone 5 - £80 sq m • 197 sq m • CIL liability £15,760

  21. Other Examples and Further Advice • Demolition deduction • Retained floorspace and Change of Use • Social Housing • PD can be CIL Liable e.g. Office to Resi • Explain Section 106 implications • Explain various steps and CIL Forms • Claiming Relief inc. ECR – Have to assume liability • Don’t forget Commencement Notice!

  22. CIL Spending Priorities • ‘Draft Interim’ Regulation 123 List -background evidence for Charging Schedule – then adopted by Cabinet • Based on scoring exercise against Core Strategy policies • Revised, updated Regulation 123 List needed – Also to be approved by Cabinet • Corporate officer group set up, requested by Cabinet Member • Role of new local plan?

  23. Thank You!

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