Decision details

Interim guidance note use of planning obligations in the period between April 2015 and introduction of the Westminster CIL

Decision Maker: Cabinet Member for Built Environment

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

Approval for publication of a guidance note setting out the approach that will be taken to use of section 106 agreements other planning mechanisms in the period between the coming into force of restrictions on use of planning obligations imposed by the Community Infrastructure Levy Regulations 2010 (as amended) on 6 April 2015 and the introduction of Westminster's Community Infrastructure Levy (CIL).

Decision:

1.       That the Cabinet Member for Built Environment approves the publication of the Interim Guidance Note attached as Appendix A to the report.

 

1.       The Community Infrastructure Levy Regulations 2010 (as amended) introduce restrictions on the use of section 106 planning obligations to “pool” contributions to fund infrastructure, with the intention that this type of arrangement will over time be replaced by the Community Infrastructure Levy. These restrictions come into force on 6th April 2015.

 

2.       There is considerable uncertainty among the development community, amenity groups and other stakeholders of the planning system about the approach the City Council will take to ensuring continued delivery of its policies and about the potential for delay in the taking of planning decisions this may cause. The Interim Guidance Note (Appendix A to the report) is intended to explain the approach that will be taken, to meet these concerns as far as possible. It is being brought forward as a stand-alone note as preparation of a comprehensive supplementary planning document dealing with use of planning obligations and other planning mechanisms has been delayed as a result of recent changes to national planning policy and guidance concerning the Vacant Building Credit (VBC) and a recent High Court decision on use of section 106 agreements to seek contributions for administrative and monitoring purposes. The need for an interim note/statement is now pressing.

 

 

 

Publication date: 06/05/2015

Date of decision: 06/05/2015

Accompanying Documents: