Agenda item

Cabinet:

Agreed to receive the supplementary Cabinet agenda and noted the amendments to be made to the report as detailed therein.

Cabinet:

(a)            Approved the Council’s responses to the representations submitted during the consultation in 2015 on the Preliminary Draft Charging Schedule  (Appendix 1 of the report);

(b)            Approved for public consultation, the following Proposed Submission documents, prior to their submission to the Secretary of State :

·       the Havering CIL Draft Charging Schedule (Appendix 2) as revised and updated from the Preliminary Draft Charging Schedule;

·       the draft Regulation 123 list (Appendix 3) ;

·       the procedural and evidence based documentation supporting the Draft Charging Schedule as listed below :

(i)              Consultation Statement following consultation on the Preliminary Draft Charging Schedule (2018) (Appendix 1)

(ii)             Infrastructure Funding Gap Report (2018) (Appendix 4)

(iii)            Viability Assessment (2018) (Appendix 5)

(iv)           Infrastructure Delivery Plan (2018) (Appendix 6)

(c)      Delegated authority to the Director of Neighbourhoods, following consultation with the Leader, to finalise and approve the proposed Submission documents, as set out in 1(b) (above) for submission to the Secretary of State, including to:

(i)              make modifications to the Submission documents arising from consultation;

(ii)             submit the Draft Charging Schedule, the draft Regulation 123 list, the Council’s responses to the representations submitted to the Preliminary Draft Charging Schedule, and the necessary procedural and evidence base documentation, together with any proposed modifications, to the Secretary of State;

(iii)            make submissions to the Examiner in support of the Submission Draft Charging Schedule (including the supporting procedural and evidence base documentation);

(iv)           make modifications to the Submission documents during, and as a result of, the Examination process;

(v)            undertake any further consultation required during the Examination ;

(d)      Approved the revocation of the Havering Planning Obligations Supplementary Planning Document (2013) on adoption of the CIL

The Leader of the Council, Councillor Damian White introduced Martyn Thomas, Development and Transport Manager to present his report to Cabinet. 

Mr Thomas detailed the proposals for the Havering Community Infrastructure Levy (CIL), stating that the Council recognises the delivery of infrastructure will be the key to successfully realising planning and regeneration strategies across Havering. The London Borough of Havering is committed to the timely and efficient delivery of infrastructure to support residents and businesses in Havering. 

CIL is a monetary ‘charge’ which will be placed on new development to secure a contribution towards the cost of infrastructure from developers.

CIL funds can be used to help provide new infrastructure, increase the capacity of existing infrastructure or to repair failing existing infrastructure. It cannot be used to remedy pre-existing deficiencies in infrastructure provision unless those deficiencies will be worsened by new development.                   

In line with statutory requirements for preparing a CIL, the report detailed a recommended Draft Charging Schedule and relevant supporting documents.

CIL must have a sound and robust evidence base as it is subject to external scrutiny by an independent Examiner before it can be adopted.

In preparing the CIL, the Council has taken account of its latest updated evidence on infrastructure and up to date information on viability considerations and the preparation and submission of the Havering Local Plan.         

The report recommends increased CIL charges for new residential development. Specifically, an increase for housing in the northern charging zone from £70 to £125 per sqm and a more modest increase for new housing in the southern charging zone (from £50 to £55 per sqm).        

The supporting items depicted in the appendices include an Infrastructure Funding Gap Report and a draft Regulation 123 list. The former shows that the cost of the infrastructure necessary for growth in the Borough is much greater than the funding available for it and this justifies the Council seeking to implement a CIL scheme.

The latter sets out which infrastructure the Council will seek to use CIL funding for and those which it will continue to use planning obligations for.

Cabinet approval is sought to consult the public for six weeks on the CIL Draft Charging Schedule and supporting documentation before they are submitted for Examination.

The Council will still continue to make use of Section 106 planning obligations to secure funding from developers and the CIL scheme will work alongside this well-established and successful mechanism. Planning obligations will continue to provide a valuable income stream towards the cost of infrastructure to support development. The CIL will not replace the current Planning Regulations but will work alongside them.

Planning obligations will continue to have an important role in cases where a scheme needs on-site mitigation measures to make it acceptable in planning terms and where a development itself gives rise to a specific infrastructure requirement such as a school. The Council will also use planning obligations for certain other specific matters which will sit outside the CIL scheme (e.g. affordable housing, job brokerage and waste management).

The Council must keep its CIL under review and will have to publish information about it (including how much it collects and how it spends it).

Adopting CIL will help the Council to ensure that residents are able to enjoy a high quality of life founded on the infrastructure that they need for day to day living.  It will assist also in ensuring that Havering remains a borough with a high quality environment and high levels of transport accessibility and connectivity where people want to live and businesses want to invest.

Notwithstanding the scope arising from CIL, it will remain essential, for the Council and other stakeholders to continue to explore every opportunity to secure funding from other sources to complement and augment CIL monies.

It was also noted that a Supplementary Agenda had been produced to recommend a revision to Table 1 in section 4 of the report which sets out the recommended CIL charging rates.  Cabinet agreed to receive the supplementary Agenda.  The revision concerns the definitions set out in the table and in the explanatory notes beneath it.

Specifically, the adjustment provides an accurate description of the retail uses

that will pay the respective CIL charges. It:

·       responds to representations made at the initial stage of public consultation

·       better reflects the viability assessment

·       places the Council in a stronger position to robustly justify its Draft Charging Schedule

The table is also included in some of the supporting documents and these will be adjusted as necessary.  

Cabinet:

Agreed to receive the supplementary Cabinet agenda and noted the amendments to be made to the report as detailed therein.

In addition, Cabinet:

(a)            Approved the Council’s responses to the representations submitted during the consultation in 2015 on the Preliminary Draft Charging Schedule  (Appendix 1 of the report);

(b)            Approved for public consultation, the following Proposed Submission documents, prior to their submission to the Secretary of State :

·       the Havering CIL Draft Charging Schedule (Appendix 2) as revised and updated from the Preliminary Draft Charging Schedule;

·       the draft Regulation 123 list (Appendix 3) ;

·       the procedural and evidence based documentation supporting the Draft Charging Schedule as listed below :

(i)              Consultation Statement following consultation on the Preliminary Draft Charging Schedule (2018) (Appendix 1)

(ii)             Infrastructure Funding Gap Report (2018) (Appendix 4)

(iii)            Viability Assessment (2018) (Appendix 5)

(iv)           Infrastructure Delivery Plan (2018) (Appendix 6)

(c)      Delegated authority to the Director of Neighbourhoods, following consultation with the Leader, to finalise and approve the proposed Submission documents, as set out in 1(b) (above) for submission to the Secretary of State, including to:

(i)              make modifications to the Submission documents arising from consultation;

(ii)             submit the Draft Charging Schedule, the draft Regulation 123 list, the Council’s responses to the representations submitted to the Preliminary Draft Charging Schedule, and the necessary procedural and evidence base documentation, together with any proposed modifications, to the Secretary of State;

(iii)            make submissions to the Examiner in support of the Submission Draft Charging Schedule (including the supporting procedural and evidence base documentation);

(iv)           make modifications to the Submission documents during, and as a result of, the Examination process;

(v)            undertake any further consultation required during the Examination ;

(d)      Approved the revocation of the Havering Planning Obligations Supplementary Planning Document (2013) on adoption of the CIL