Implementing a CIL in Sheffield- Lessons Learned

Richard Holmes, Principal Planning Officer

Forward and Area PlanningSheffield City Council

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

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

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

Major Decisions Needed

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

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

Submission Evidence!

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

Preparation for Implementation

• Systems / software• DM Procedures – CIL Advice Notes• Publicity – CIL is good news!• Full Council decision needed and allow for

JR period

Post AdoptionImmediate Jobs:•CIL and Planning Obligations SPD•Implementation Group

Later:•Neighbourhood Portion - parishes and non-parished•Regulation 123 List – corporate group

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

Costs IncurredIgnoring officer time, allow for:•Viability Studies and updates•Study visits and seminars •Advertisements•Examination:

– Witness support– Examiner– Programme Officer

•Software and systems•Dedicated staff?

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!

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.

Section 106 Contributions and CIL Comparison

Section 106 - Last 5 Years Draft CIL Priorities 2017 to 2025

Open Space / Public Realm£2,830,092 67.6% £7,500,000 26.1%

Highways£603,058 14.4% £12,400,000 43.1%

Education£326,024 7.8% £8,870,000 30.8%

Public Art£320,035 7.6%

Warden Schemes£44,600 1.0%

Signage£27,500 0.6%

Other£34,000 0.8%

TOTAL £4,185,309100.0%

£28,770,000100.0%

Actual Section 106 receipts and potential CIL Priorities (excludes affordable housing)

Charges

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

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:

Single house

Chatsworth Road, S17

A larger houseIn the highest charging zone(£80/sq m)

Single house

BEFORE•No S106AFTER•CIL charging zone 5 - £80 sq m •197 sq m•CIL liability £15,760

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!

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?

Thank You!