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The community infrastructure levy (CIL) allows local authorities in England and Wales to fund infrastructure by charging on new developments in their area. The money generated through CIL can be used to support growth by helping to pay for a wide range of infrastructure including parks, schools, community facilities, health facilities and leisure centres.
CIL cannot be used to provide affordable housing or site specific mitigation measures, therefore, Section 106 agreements will still be necessary where relevant. For instance Section 106 agreements will be required for non financial obligations such as affordable housing, as well as site specific financial contributions that fall outside of the Regulation 123 list.
The Hackney CIL rates will be applicable to development where:
- the use is identified in Hackney’s CIL charging schedule as incurring a charge
- the net additional increase in floorspace (gross internal area) of most developments (with some exceptions) is at least 100 sqm or it involves creating one or more dwellings, even where this is below 100 sqm
- the conversion of a building that is no longer in lawful use
Current stage – adopted
The Hackney CIL charging schedule was adopted at the Full Council meeting 25 February 2015:
The Hackney CIL Charges will be applied to all CIL liable planning decisions from 1 April 2015.
The Council also adopted:
- the Hackney regulation 123 list
- the Hackney instalments policy
- the Hackney exceptions policy
- the Hackney in-kind payment policy
Submission and examination
In accordance with Regulation 19 of the Community Infrastructure Levy Regulations 2010 (as amended), the London Borough of Hackney has submitted the Hackney community infrastructure levy draft charging schedule (DCS) and associated information and documents to the Planning Inspectorate and appointed an independent examiner to carry out the examination in public. The documents were submitted on 17 July 2014.
Terrence Kemmann-Lane JP DipTP FRTPI MCMI was appointed to undertake the Hackney CIL examination.
The public hearing was held on Wednesday 29 October 2014, Hackney Town Hall, Mare Street, E8 1EA.
The examiner’s final report:
Main Issues for consideration by the examiner
Responses to agenda discussion points and questions for the examination
1. Bishopsgate Goods Yard
Additional information provided by Bishopsgate Goods Yard Regeneration Ltd:
- EX 1 A: LBTH CIL Supplementary evidence requested by the examiner (30 July 2014) main report
- EX 1 B: LBTH CIL Supplementary evidence requested by the examiner (30 July 2014) – appendix I(1) BGY core appraisal
- EX 1 C: LBTH CIL Supplementary evidence requested by the examiner (30 July 2014) – appendix I(4) BGY supplementary appraisal
Correspondence between BGYRL to the examiner:
- EX 1 D: Letter to examiner from BGYRL 12 September 2014
- EX 1 E: Part 1 Reply to BGYRL Letter to the examiner from London Borough of Hackney
- EX 1 F: Part 2 Reply to BGYRL Letter to the examiner from London Borough of Hackney
- EX1 G: Response to Examiner on additional evidence and comments from BGYRL from London Borough of Hackney
2. Woodberry Down
3. Student housing
Additional information provided by UNITE:
- EX 3 A: Response to examiner from UNITE
- EX 3 A.1: Amended appraisal
- EX 3 A.2: UNITE student accommodation information
- EX 3 A.3: Suggested further changes to further alterations to London plan (FALP) para 3.53B
- EX 3 A.4: University of London evidence presented to FALP examination
- EX 3 A.4.1: University of London evidence presented to FALP examination (Appendix 1)
- EX 3 A.4.2: University of London evidence presented to FALP examination (Appendix 2)
- EX3 B: Response to the examiner on student housing from London Borough of Hackney
No further response required.
6. Zone boundaries in relation to Stamford Hill
- EX 6 A: Response to the examiner on zone boundaries in relation to Stamford Hill from London Borough of Hackney
Additional document requested by examiner after the CIL examination
- cabinet report from December 2013, regarding Hackney’s community infrastructure levy draft charging schedule
Other documents supporting this cabinet report, including appendices are available at Item 7 on the cabinet December 2013 page.
Additional document discussed and tabled at the CIL Examination in Public on 29 October 2014
In relation to Matter 2: Woodberry Down; recent case law on treatment of confidential information.
The DCS along with the key supporting documents that have been submitted to the Secretary of State are available to view below:
- covering letter to the Planning Inspectorate
- Hackney draft charging schedule (DCS) (July 2014)
- Hackney infrastructure assessment update (June 2014)
- Hackney viability study (December 2013)
- Hackney addendum viability assessment (July 2014)
- A summary of the development of the Hackney CIL charging schedule 2010-2014 (July 2014)
- statement of modifications to DCS (July 2014)
- DCS schedule of respondents and officer responses
- DCS representations
- draft planning contributions supplementary planning document (July 2014)
- Core strategy (adopted November 2010)
- development management local plan (submission version December 2013)
- site allocations local plan part one (submission version December 2013)
- site allocations local plan part two (submission version December 2013)
All of these documents are also available to be viewed at Hackney Town Hall, Hackney Service Centre, and all Hackney libraries.
Revised planning obligations supplementary planning document (SPD)
The first draft of the SPD was consulted on alongside the DCS in January / February 2014. The Council will be undertaking a further round of consultation on the draft SPD after the CIL examination on dates yet to be determined. The updated SPD incorporates comments received during the first public consultation. The draft SPD aims to clarify the extent to which Section 106 contributions will be sought for delivering certain infrastructure and services once Hackney’s CIL is adopted.
The planning contributions SPD does not need to go through an independent examination. Once adopted by the Council, the SPD will replace the existing planning contributions SPD, which was adopted in November 2006.
Other supporting documents
The core strategy and the emerging development management local plan (DMLP) and site allocations local plan (SALP) have been submitted to the Secretary of State alongside the other key documents as indicated above. Further information on these documents as well as area action plans (AAPs) which together make up Hackney’s local plan can be found as follows:
- core strategy
- development management local plan
- site allocations local plan
- Dalston AAP
- Hackney Central AAP
- Manor House AAP
An equalities impact assessment has also been carried out as part of the development of Hackney’s draft charging schedule.
Previous stage – Hackney’s draft charging schedule
We consulted on the draft charging schedule over a six week period from 15 January to 26 February 2014. This sets out the proposed CIL rates that will be charged on different types of development throughout the borough. It includes evidence about the infrastructure required to continue Hackney’s growth whilst ensuring that development remains viable.
The draft revised planning obligations SPD was consulted on over the same period.
Draft charging schedule and associated documents
- Hackney’s draft charging schedule
- Hackney viability assessment and appendices
- infrastructure delivery plan 2013
- schedule of respondents and representations
- statement of the representation procedure
- equalities impact assessment
Previous stage – preliminary draft charging schedule
We consulted on our preliminary draft charging schedule over a six week period from May 7 to June 17, 2013:
- preliminary draft charging schedule
- comments received during consultation and the Council’s response
Preliminary draft charging schedule and associated documents: