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Agenda item

Community Infrastructure Levy - Adoption and Implementation of Charging Schedule (C2587)

To:

(a)       Consider the Examiner's report into West Berkshire's Draft Charging Schedule;

(b)       Seek approval for the adoption and implementation of a Community Infrastructure Levy.

Minutes:

(Councillor Emma Webster declared an interest in Agenda item 20 by virtue of the fact that she was employed by a company that worked with local developers and although she did not she was a director of the company . As her interest was personal and a disclosable pecuniary interest  she left the meeting and took no part in the debate or voting on the matter).

(Councillor Keith Woodhams declared a personal interest in Agenda item  20 by virtue of the fact that his daughter was employed by a local developer. As his interest was personal and not a disclosable pecuniary interest he determined to take part in the debate but declared that he would not  vote on the matter).

(Councillor Emma Webster left the meeting at 8.52pm and returned at 9.02pm)

The Council considered a report (Agenda Item 20) concerning the Examiner’s report into West Berkshire’s Draft Charging Schedule and sought approval for the adoption and implementation of a Community Infrastructure Levy (CIL) for the Council.

MOTION: Proposed by Councillor Hilary Cole and seconded by Councillor Paul Bryant:

That the Council:

1.                  “accepts the Examiner’s recommendations and adopts the Charging Schedule as set out in Appendix B to the report;

2.                  Agrees that the Charging Schedule will take effect from the 01st April 2015 unless the restriction on the use of s106 agreements come into force before that date, in which case the Charging Schedule will take effect from the date that those restrictions come into force;

3.                  Approves the Regulations 123 List as set out in Appendix C as supporting documentation to the Charging Schedule.”

Councillor Hilary Cole thanked Members that had attended the Member Development session on CIL on the 12 February despite the inclement weather.

Councillor Cole explained that CIL was a concept that had been introduced by Government in 2010 and had been amended year on year since then. As a result of recent changes the cut off date at which point the s06 scheme would have to cease had been  delayed from April 2014 until April 2015. Councillor Cole reported that new Regulations had come into force on the 24 February 2014 (after the agenda had been published) and consequently the second recommendation should be amended to read that:

 

“That the Charging Schedule will take effect from 1st April 2015.”

 

Councillor Cole reported that there appeared to be cross party support for the retention of the existing s106 scheme. A meeting had therefore been arranged with Richard Benyon (MP) to discuss the issue. The most simple solution being to remove the cut off date for s106 schemes in the Regulations which would allow a decision to be made at a local level and which would have the effect of making the introduction of the CIL scheme voluntary. Mr Benyon was able to get agreement for a Westminster Hall debate where a challenge was articulated to keep the existing policy. This debate had resulted in a further meeting being secured at the Department for Communities and Local Government  where the matter would be pursued. Councillor Cole thanked Councillor Keith Chopping for all his support on this issue.

 

Councillor Cole requested that in the mean time Members approve the recommendations as set out in the report, subject to the inclusion of the amendment, which would have the effect of delaying the implementation of CIL until 01 April 2015.

 

Councillor Tony Vickers stated that he supported the report so much so that he would have been willing to second it. He also supported the retention of the s106 scheme as he was concerned about the gap in funding for infrastructure in the District that would ensue as a result of the implementation of CIL. The Council had a good scheme in place and he would support any efforts to retain it including accompanying Councillor Cole to any of the meetings referred to if she would like him to. Councillor Cole thanked Councillor Vickers for his support.

 

The Motion, as amended, was put to the meeting and duly RESOLVED.

(Councillor Keith Woodhams abstained from voting on this item).

Supporting documents: