At this month’s public question time at Cabinet’s January meeting, David Wager said he understood the council was drafting a document regarding changes to address the need for developers to fund local infrastructure in places where they received contracts from the council.
He wanted to know if this was correct and if so could the council give an estimate of when the documents for the Community Infrastructure Levy (CIL) – which the Government has said will largely replace existing use of Section 106 orders which address a similar but a narrower range of issues – would be completed and when it would be implemented.
Mr Wager also asked if the council intended to use the levy on current proposals.
“Is it the council’s intention to prioritise expenditure of the levy in areas where development has taken place – and finally will the levy be applicable to the house building development at Horley Green?” he said.
The council’s partner Together Housing hopes to build homes at Horley Green. Claremount, Halifax, but the release of the land was fought by a residents’ group who wanted to keep it for community use and were concerned about pressure on school places new homes would bring.
Cabinet member for Regeneration and Strategy, Coun Jane Scullion (Lab, Luddenden Foot) said the council had submitted a draft charging schedule for the CIL in January 2019.
It is part of the overall examination of the proposed Local Plan – which is now being considered by a Planning Inspector – which would take precedence.
Accordingly, she said, “it is not likely that the CIL part of this is going to be implemented until 2023, I’m afraid.
“The CIL cannot be applied retrospectively to developments so it would not be going to any developments that have planning permission before the point of adoption
"However, I must emphasise that developments are still subject to contributions under section 106 – that covers things like affordable housing, education extra requirements, open space and biodiversity.
“The CIL in the future can be used to fund a very wide range of infrastructure including transport, flood defences, schools, hospitals, sports facilities, academies, free schools, district heating schemes and so on, and we look forward to that coming to full implementation,” she said.
Coun Scullion said the Horley Green development had not yet moved on site and Together had indicated they were very willing to see whether part of the site could be returned for community amenities and would continue to work with the council and in due course local residents to look at what the opportunities are.
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