Decision details

Matter for Decision

The current Planning Obligations Strategy Supplementary Planning Document (SPD) was adopted in 2010. Due to changes in the legislative and planning policy framework this now needs to be updated. The revised Planning Obligations Strategy SPD and Community Infrastructure Levy (CIL) Charging Schedule are mutually dependant policy documents that need to be put in place and updated alongside the emerging Local Plan. Councillors are asked to consider the Draft Planning Obligations Strategy SPD prior to its submission to the planning inspectorate in support of the Council’s Draft CIL Charging Schedule and also prior to formal public consultation on the Draft SPD.

In order to adopt a CIL the Council has to produce a draft list of infrastructure which could benefit from CIL funds. Any infrastructure on that list cannot receive any funds from a S.106 planning obligation. This list is known as the ‘Reg.123 list’ (this title being taken from the Regulation number which requires publication of such a list). The Council took the opportunity to consult on a Draft Regulation 123 List during the public consultation on the Draft Cambridge CIL Charging Schedule. Councillors are now asked to consider updates to the list to reflect responses received during the public consultation and also developments in the Draft Planning Obligations Strategy SPD.

Decision of Executive Councillor for Planning and Climate Change

       i.          Approved the Revised Draft Planning Obligations Strategy SPD, as set out in Appendix 1 of the Officer’s report, for a six week consultation public consultation period between June and July 2014.

     ii.          Approved the Revised Draft Planning Obligations Strategy SPD for submission to the planning inspectorate in support of the Submission Draft CIL Charging Schedule on 28 March 2014.

   iii.          Approved the updated Draft CIL Regulation 123 List, as set out in Appendix 3 of the Officer’s report, for submission to the planning inspectorate in support of the Draft CIL Charging Schedule on 28 March 2014.

   iv.          Agreed, as of the 1 April 2014, the approach towards monitoring fees outlined in paragraph 3.23 is implemented.

    v.          Agreed that any amendments should be agreed by the Executive Councillor in consultation with Chair and Spokes of Development Plan Scrutiny Sub-Committee.

Reason for the Decision

As set out in the Officer’s report.

Any Alternative Options Considered and Rejected

Not applicable.

Scrutiny Considerations

The Committee received a report from the Senior Planning Policy Officer.

In response to Members’ questions the Planning Policy Manager and Senior Planning Policy Officer said the following:

       i.          The Senior Planning Policy Officer stated that Public Art could benefit from CIL funds and that the Regulation 123 List could be updated at any stage to include Public Art. CIL regulations require that a Regulation123 List is be submitted to the Planning Inspector alongside the Draft CIL Charging Schedule. The Regulation 123 List could be updated after adoption of the CIL Charging Schedule, subject to appropriate consultation.

     ii.          The Officer’s report contained indicative figures related to the maintenance of open space, these would be updated as required prior to the June 2014 public consultation.

The Planning Policy Manager undertook to provide Councillor Herbert with the evidence base for figures in the Officer’s report.

   iii.          Requirements for viability appraisals were set out in Appendix 3 (P159) of the Officer’s report.

   iv.          Provision of open space was allocated on a pro rata basis of 0.3 hectares per 1,000 people. Details were set out on P136 of the Officer’s report and Appendix I of the Local Plan.

    v.          CIL is operated like a tax. It is a £/m² charge on new floor space that is payable on commencement of development.

The Committee unanimously resolved to endorse the recommendations.

The Executive Councillor approved the recommendations.

Conflicts of Interest Declared by the Executive Councillor (and any Dispensations Granted)

No conflicts of interest were declared by the Executive Councillor.