1 The Incidence, Value and Delivery of Planning Obligations in England in , University of Sheffield 2010.

Transcription

1 What is a Community Infrastructure Levy (CIL)? This is a new system of funding infrastructure through planning charges that the Council can ask developers to pay for most new building projects. It does not apply to conversions or to changes of use. The money raised can be used to fund a wide range of infrastructure needed to support new development within the District, not necessarily in the location where the money is raised. What is the benefit of a Community infrastructure Levy? The government has decided that a tariff based approach to funding strategic infrastructure delivery is fairer, faster, provides more certainty and is more transparent than the current system of planning obligations under section 106 which are negotiated on a site by site basis. It is also payable by all new development which relies on the infrastructure not just by a few larger-scale schemes. At present only about 6% of all planning permissions pay for the cost of infrastructure 1. However, section 106 planning obligations will remain for site-specific infrastructure and for provision of affordable housing. There is also greater benefit for the local community as a proportion of CIL will pass back to the Town and Parish Councils in which it was raised, although the proportion of money going back to the community is not yet known as we are awaiting the CIL Regulations 2012 What is infrastructure? Infrastructure is a broadly defined in the Town and Country Planning Act 2008 but the CIL regulations do not specify the types of infrastructure which the planning authority can fund. We have identified 3 broad categories of infrastructure: - Physical infrastructure: e.g. highways, transport links, cycleways, energy supply, water, flood alleviation, waste management Social infrastructure: e.g. education, health, social care, emergency services, art and culture, sports halls, community halls, faith, crematoria Green infrastructure: e.g. parks, woodlands, play areas, public open space How does CIL differ from and relate to Section 106 planning obligations (S106)? CIL money does not need to be used for providing infrastructure on the site it is collected from. The relationship therefore between a site's infrastructure requirements and level of contributions made is broken although any infrastructure which is directly required as a result of a development will continue to be sought through Section 106, as will affordable housing provision. S106 obligations will therefore remain alongside CIL but will be restricted to that infrastructure required to directly mitigate the impact of a proposal. The regulations restrict the use of planning obligations to ensure that individual developments are not charged for the same items of infrastructure through both planning obligations under S106 and CIL. Are section 278 (Highway Act) payments affected by CIL? No section 278 (s278) monies will remain separate from CIL/S106 contributions and will remain important to secure necessary highway improvements to make development acceptable in planning and highway terms. The limitations on pooling planning obligations do not apply to s278 agreements. They apply to S106 agreements only so Authorities can combine both s278 and CIL monies to fund improvements to the strategic road network. Does South Somerset have to adopt a CIL? No, local authorities are not required to move to CIL but there are new restrictions on how existing planning obligations can be used and Council s will only be able to raise money for most infrastructure through the new levy. 1 The Incidence, Value and Delivery of Planning Obligations in England in , University of Sheffield 2010.

2 Why should development pay for infrastructure through a CIL? New development will nearly always have an impact on infrastructure with different types of development and scales of development having different effects. A single new dwelling may not appear to have an impact but the cumulative impact of twenty or so single dwellings will have. It is therefore fair that all development pays a share towards the cost of infrastructure, services and amenities that everyone uses and not just large-scale development. Through CIL all but the smallest building projects will make a contribution towards additional infrastructure but this will be based on viability testing. Is a charging authority limited to only setting differential rates by type of development in line with the Use Classes Order or can it differentiate further or differently in terms of uses? No. It is up to the authority whether to differentiate by type of development - provided that the different rates can be justified by comparing the economic viability of those categories of development. For example, for any given development type evidence could show that there are clear differences in viability depending on the scale of development. This could be reflected in differential rates, as long as decisions on rates are informed by, and consistent with, the viability evidence available. Why doesn t all new development pay? The Levy rates will be set out in the Charging Schedule and are based on financial viability evidence for differing types of development. Some developments are more financially viable than others and this will also change over time. The Charging Schedule will therefore need to be regularly reviewed and it is likely that the CIL rates will change. Although all development except for those stated below are liable for CIL, because CIL is based on viability it is possible that some uses will have a nil CIL rate if evidence shows these are not financially viable. The CIL Regulations also exempt the following types of development from paying a CIL charge: Affordable housing Development by charitable institutions Changes of use that do not increase floorspace Buildings into which people do not normally go e.g. plant rooms Building with only temporary planning permission CIL is also not payable if the gross internal area of the new development is less than 100 sq metres except for new market homes, where CIL is payable irrespective of size. Will the CIL levy pay for all new infrastructure needed? No, CIL will be only one of the ways in which new infrastructure is paid for and other funding streams will need to be sought and considered. The Council has a live infrastructure plan which sets out the infrastructure which different providers have currently identified as needed to support the growth proposed in the Local Plan but the amount of money required to pay for all of the infrastructure far exceeds any CIL monies which would be achieved. The infrastructure plan helps to identify the funding gap and an authority can only charge CIL if there is a funding gap. However, the rate of CIL must be based on the evidence of viability and there is no direct connection between the funding gap identified from the infrastructure plan and the CIL rate.

3 How can I challenge what is in the Infrastructure Plan? Will this then allow CIL rate to be lowered? The infrastructure plan is a piece of evidence required to support the Local Plan and is a list of infrastructure needs identified by stakeholders and providers which they consider are required to support the growth levels and locations proposed in the Local Plan. This is a living list and will change as schemes are delivered with infrastructure being added and removed from the list over time. The intention of the list is to assist the coordination of infrastructure provision between the providers and also to act as an evidence base for bids to potential funding streams. There is no direct connection between what is in the list and the CIL rates so providing there is a funding gap between known funding and the costs of the infrastructure that is needed the Council can collect CIL. CIL rates are based on financial viability of development and thus if there are changes in the economic climate and financial viability goes up or down, CIL rates can be adjusted accordingly subject to following the legislative process, but what is in the infrastructure plan will not necessarily change in the same way so any changes in the list will have no effect on the rates of CIL charged. What rates have been suggested and why? The Council has published a Preliminary Draft Charging Schedule (PDCS) which sets out the rates proposed and explains the background evidence which are set out in separate documents which can be accessed by the links on the webpage. The rates reflect the viability testing which has been carried out. These rates have been consulted upon and the Council will now be considering the responses prior to the second consultation phase. Why would you set different rates for different areas? The actual rates set need to be supported by evidence, such as the economic viability of new development and the area s infrastructure needs. It is possible to set one standard rate or specific rates for different areas and different types of development if the evidence can be established. It is also necessary to apply an annually updated index of inflation to keep the levy responsive to market conditions. Who actually is responsible for paying the levy? The responsibility for paying CIL runs with the ownership of land on which the development is situated at the time of commencement. Although the landowner is responsible, the Regulations recognise that sometimes there are other parties who will pay, these are known as the liable parties. If no-one has assumed liability to pay CIL, the requirement will automatically default to the landowner and payment must then be paid on commencement rather than through any agreed instalment policy payments. The regulations define the landowner as a person with a material interest in the land and this will include freeholders and those leaseholders with 7 years outstanding. The landowner is also the responsible party when the Council, despite making all reasonable effort, has failed to secure CIL from other liable parties. How is the amount of CIL due get calculated? CIL is calculated on the basis of net additional increase in floorspace measured in metres squared and is expressed as a charge per square metre (psm). It will normally be collected as a cash contribution. A development is liable to pay CIL if the gross internal area of the new development permitted is over 100sqm (or of any size if it is a new home). All buildings over this size are therefore liable to pay the CIL although the gross floorspace of any building on the site being demolished is deducted from the chargeable amount.

4 What is gross internal area (GIA) floorspace? Gross Internal Area is the area of a building measured to the internal face of the perimeter walls at each floor level and will include such areas as columns, piers, chimney breasts, stairwells, lift wells, ducts, shafts, halls, open sided balconies, mezzanine floors with permanent access, lift rooms, plant rooms, fuel tanks, service areas and corridors, voids over stairs, loading bays, garages, conservatories etc, any stepped or raked floors are measure as being level. It does not include external wall thickness, external open sided balconies, voids under stairs, canopies or greenhouses, garden stores, fuel stores when the latter 3 are in relation to residential development. See footnote. 2 What is the chargeable amount? This is calculated by multiplying the CIL rate per square metre (psm) with the net floorspace being created, having deducted any existing floorspace. In order for demolished floorspace to be taken into account it must have been in continuous lawful use for 6 of the previous 12 months and situated on the site at the time that planning permission is granted it cannot already have been demolished. How long does a building have to be vacant before the floorspace can no longer be offset against CIL liabilities triggered by new development? Floorspace subject to demolition or resulting from change of use can only be deducted where it has been in continuous lawful use for at least six months in the twelve months prior to the development being permitted. When does CIL get paid? The regulations state that CIL becomes payable upon the commencement of development although it is possible for the Council to collect staged payments provided it has an adopted policy (instalments policy) for doing so, which has been published for at least 28 days prior to use on the Council s website. If a large scheme has outline planning permission is the whole development due to pay CIL at the time the first phase/reserve matter of the outline commences? If a large scheme has outline permission each phase is a separate chargeable development (reg 9(4) ) and each phase is regarded as having a permission which 'first permits' (reg 40 (10)) when the last reserved matter is approved for that phase (reg 8(5)). The payments will therefore relate to individual phases. How will we be notified of how much CIL is payable? The Council will issue a liability notice either with the planning permission or as soon as possible afterwards setting out the amount of levy that is payable, the process for payment and procedures that will apply if it is not paid. Can I appeal the amount I am asked for? Yes, there are various appeals in connection with decisions on CIL. Appeals connected with the calculation of the chargeable amount liable and charitable relief decisions will be considered by the Valuation Office Agency (VOA) and appeals relating to enforcement will be considered by the Planning Inspectorate. Any request to review the chargeable amount must be made to the Council within 28 days from the date on which the liability notice which sets out the amount due, has been issued. The appeal must first be considered by a second party within the authority but cannot be reconsidered again. After this, the VOA will hear the appeal process. 2 RICS Code of Measuring Practice (6 th edition with amendments)

5 What is commencement of development? Liable parties will be required to send a Commencement Notice to the Council when it is known development is going to commence. Commencement is defined in the Planning Acts but could include such works as setting out, formation of an access or digging of foundation or other trenches. Are works deemed as permitted development or allowed under Neighbourhood Development Orders still liable for CIL? Possibly. Development commenced under general consent that would result in additional floorspace is liable to pay CIL. 'General consent' includes permitted development rights granted under the General Permitted Development Order 1995 (as amended) or any schemes permitted as a result of a Neighbourhood Development Order. If works are intended under general consent it will be necessary to notify the local authority before development is commenced. The only exception to this requirement is if the development in question is less than 100 sq metres of new floorspace and the development does not comprise one or more new dwellings. The responsibility for paying any CIL required lies with the landowner. Can CIL be paid in kind? Yes there could be cases where it is more appropriate and desirable for the authority to receive land instead of monies to satisfy a charge, for example where the land required to provide infrastructure is within the ownership of the liable party. The regulations do allow for transfers of land as payment in kind but only when there is the intention of using that land to provide, or facilitate the provision of infrastructure, it cannot be taken and then sold for other purposes. An agreement to make an in-kind payment will need to be entered into before the commencement of development if this land transfer is to take place and must be valued through independent valuation. The same timescale for the transfer of land as paying CIL monies will also apply. What happens if I can t or won t pay? There are financial and other penalties for non-compliance with procedures or for failures to pay CIL that is liable. Ultimately it is the landowners responsibility so it is important that other liable persons understand this liability. Late payments can be penalised and in the case of persistent non-compliance there is the option of taking direct action such as a Stop Notice, Court Order to seize and sell assets or even custodial sentences. Why does affordable housing not have to pay CIL as occupiers still use infrastructure? The CIL Regulations 2010 exclude affordable housing from the definition of infrastructure and so it does not pay CIL nor can it be paid for from CIL funds. Why can t CIL be spent on affordable housing? At the present time the Government have indicated that planning obligations (S106) remain the best way of delivering affordable housing although there has been a recent consultation on this and greater clarity is expected in summer What are the exemptions or CIL relief and how do you apply for these if there are abnormal costs? If you are building affordable housing or buildings for charitable purposes you can complete a Relief form PRIOR to commencement that needs to be properly considered and agreed before works commence. CIL relief cannot be claimed after commencement.

6 Exceptional circumstances can be applied, if the Council chooses to adopt such a policy, which would allow relief where a specific scheme cannot afford to pay CIL. These can only be considered on a site-by-site basis, provided that the following conditions are met: - A S106 agreement must exist on the planning permission permitting the development; The cost of complying with the S106 must be greater than the CIL charge on the development; paying the CIL charge would have an unacceptable impact on the development s economic viability The relief afforded must not constitute a notifiable state aid. 3 To ensure that the CIL relief system is not used to avoid proper liability, any scheme benefiting from CIL relief will need to repay the relief in the event that the use changes and the development no longer qualifies for CIL relief within 7 years from the commencement of the chargeable development this is called clawback. Does the exceptional circumstances procedure just involve an open-book viability assessment of development by the local authority? No. An independent person with suitable experience and qualifications must be appointed by the developer with the agreement of the local authority to assess whether the value of the S106 Agreement exceeds the CIL liability on the site and, secondly, whether the CIL liability is having an unacceptable impact on the viability of the development. If this is found to be the case and the charging authority wishes to offer sufficient relief to bring the development back into viability, the charging authority must also ensure that the granting of the relief would not constitute a notifiable state aid. This is a complex area and any such schemes will need to be carefully looked at in terms of possible notifiable state aid issues. Can a charging authority give developers a CIL payment holiday? No. The only way to provide development with a 'payment holiday' would be to cease charging CIL. However, if the authority wished to subsequently start charging CIL again we would need to follow the same process as originally applied to the preparation, examination, approval and publication of the initial charging schedule. Can a charging authority's instalment policy have different payment deadlines for different uses or types of development? There is flexibility to vary the payment deadlines only by the size of the CIL payment i.e. we can extend the CIL payment deadline if the payment is large but cannot vary the payment by the use and type of development. The Council will need to publish an instalment policy before this can happen so that all proposals are treated in the same way. If we decide to have an instalment policy for paying CIL, does this instalment policy form part of the adopted charging schedule? No. It isn t part of the CIL examination. It can be introduced, withdrawn or amended at any time during the life of the Charging Schedule as long as at least 28 days notice is given before the new policy takes effect and/or old policy is withdrawn. 3 At present Notifiable State Aid threshold must not exceed 200,000 over any period of three fiscal years ( 100,000 for any undertakings active in the road transport sector)

7 How will CIL be used? CIL money raised must be used for funding the provision, replacement, operation or maintenance of infrastructure (Sections 205 (2) and 216 of the Planning Act 2008 as amended). It will be for the Council to determine which types of infrastructure and which projects it sees as priorities. CIL money cannot be used to remedy existing deficiencies in infrastructure provision except to the extent that they will be made more severe by additional new development. Can the levy be used for the operation and maintenance of infrastructure rather than its provision? Yes, the Localism Act clarifies that CIL monies can be spent on the ongoing costs of providing infrastructure if the spending can be demonstrated to support the development of the area. The Levy should not though be used as an alternative to normal sources of maintenance funding or for revenue costs such as salaries. Can the local authority borrow on the strength of getting future CIL revenue to pay for a piece of infrastructure early? No. The local authority cannot currently borrow against future CIL receipts. Are there any rules about the use of the interest collected from holding CIL? There are no rules about how the interest collect from CIL should be spent. How do you decide between different types of infrastructure? The Infrastructure Plan for South Somerset has already set out the infrastructure that the different stakeholders/providers have identified to date into "critical", infrastructure, without which development cannot proceed at all, "necessary ", where infrastructure is needed at some stage to support new development but is not necessary at the outset and "desirable" to ensure sustainable development. A judgement will need to be taken on the priorities for each of these and funding sources established, including potential use of CIL. Some of the infrastructure will also be secured through S106's in the future, or from external funding sources such as grants or infrastructure providers own resources. For example, the Environment Agency will have access to grants for flood alleviation and sports facilities may benefit from grants from Sport England. Can other agencies use CIL money? Yes. We can pass the money to other infrastructure providers, as can the Town and Parish Councils with their proportion; the only restriction is that the money must be ultimately spent on infrastructure to support the development of the area. This is likely to be the case for things like highway improvements and education where the County Council are the responsible agency and similarly with flood alleviation which is the responsibility of the Environment Agency. What proportion of CIL will go back to local communities? As yet we don t know. It is intended that some of the money raised through CIL will be passed back to the Town and Parish Councils in the area from which the CIL was collected for use at a local level on infrastructure identified as important by the local community. Further guidance on this is still awaited from Government due September 2012.

8 How much money will a Parish or Town Council get? Until the additional guidance is published in 2012 we don t know what percentage of CIL will be returned to the local communities but whatever proportion of CIL is set this will be based on that proportion multiplied by however much CIL liable development takes place within the specific community. Parish and Town Councils will only receive CIL monies if growth occurs in their area that attracts CIL, unless there is a specific infrastructure project which the District Council prioritise for CIL within their community. Who decides the priorities for infrastructure? The District Council are responsible for indicating the types of infrastructure or individual projects that CIL money will be spent, or part spent on through publication of a list of infrastructure priorities under Regulation 123 of the CIL Regulations often referred to as the Reg 123 list. This list will be regularly updated and published on the Council s website prior to any Charging Schedule under CIL coming into operation. How will the local CIL money get spent and who will decide that? The Town or Parish Council will use the proportion of money returned to the local community for infrastructure projects which are seen as important locally, thus the choice of project is theirs subject to it being an appropriate project for CIL money. It will be possible for the community to spend the money on their local projects themselves or to return it to a main infrastructure provider if their priority is best provided by another stakeholder. E.g. a Parish may require a new flood alleviation scheme which the Environment Agency (EA) have indicated is not within their current programme and may chose therefore to pass their money to the EA in order to get the flood defences earlier than planned. Does the list of infrastructure the Council intend to spend CIL money on have to be the same list of infrastructure projects that formed part of its evidence base for examining the charging schedule? No. The list of indicative infrastructure forms part of the infrastructure planning evidence base for the CIL examination. The focus of which is to provide evidence of a funding gap that demonstrates the need to levy CIL. The indicative list may differ from any list that the charging authority may subsequently decide to publish (Reg. 123 list). Will there be further CIL training? Definitely, there will be additional guidance and advice given to all of the various stakeholders including Members and Town and Parish Councils. Further CIL guidance is awaited from government and as the project progresses there will be further workshops as well as information on the Council s website to assist. Should Town and Parish Council s be drawing up their list of infrastructure now? There is no immediate urgency to do so and given that additional guidance is awaited from CLG, it would be best to await this before embarking on what may be a time consuming project. Most Parish and Town Council s know of projects that they would like to support but without knowing how much money they might get or in what timescale it would not be wise to spend any length of time on this until further guidance is available. When will the Town and Parish Council s get their proportion of CIL? CIL monies will only be paid out to the local communities when they have been received by the local authority and at the earliest CIL would not be implemented unitl April It is therefore unlikely that any significant amounts of CIL money would be received before Summer Further workshops with the Town and Parish Council s will be held before any introduction of CIL so that everyone is aware of how the process will work but even we are still unsure as to the precise mechanism as the 2012 guidance is still awaited.

9 Won t CIL and S106 overlap? No, the regulations restrict the use of local planning obligations on the adoption of CIL to ensure that individual developments are not charged for the same items twice. Where the authority has indicated that it intends to fund an item of infrastructure through CIL it cannot then also seek money through s106 for the same thing. The Reg 123 list will show the intended infrastructure projects or infrastructure types that the authority will be (or may be) wholly or partially funded through CIL. If this list isn t published, the default is any infrastructure which could be CIL funded so no planning obligations under S106 can then be sought for such infrastructure. The list of infrastructure will be updated and priorities for CIL spend will change over time and the Council just need to update the published list on the website. The process of updating the list is not linked to any review of the Charging Schedule. Can S106 contributions still be pooled when CIL is introduced? On the introduction of CIL or at 6 th April 2014, pooled contributions can only be sought from up to 5 separate planning obligations for an item of infrastructure which is not intended to be funded by CIL. These 5 planning applications will also need to consider those agreements which have been entered into since 6 th April 2010 which provide funding for this piece of infrastructure. Affordable Housing provision is not bound by these restrictions. It is also possible for the Council to collect 5 pooled S106 obligations for a piece of infrastructure and then to add it to the list of infrastructure to be funded/part funded through CIL. How can I find out what CIL is being spent on? The Council will be responsible for publishing an annual report by 31 st December each year, which will include details of how much CIL monies have been collected and spent, and how much remains to be spent. Can CIL be backdated? No. If outline or full planning permission is granted prior to the CIL Charging Schedule being brought into force then there is no CIL liability. If there was a resolution to grant permission subject to a S106 before the CIL Charging Schedule is published but formal planning permission is not granted until after the adoption of the CIL Charging Schedule then CIL is liable. This is because a resolution to grant by a Committee does not formally grant planning permission, as a decision notice cannot be issued until something else has occurred, such as submission of additional information or signing of a S106 agreement. A reserved matters application cannot trigger CIL nor can applications to discharge pre-commencement conditions on a scheme granted before CIL came into force. Renewal of an earlier planning permission, an appeal allowed decision or a S73 application to vary or remove conditions made after CIL is brought into force will result in CIL being charged if the scheme would normally be CIL liable. Can CIL be collected from outside the Council s area? No, the Council can only collect from developments within the Council boundary but funds could be spent on an infrastructure project outside of the District boundary if it is supporting the development within South Somerset, such as a strategic transport scheme or education provision. How much will the levy raise? This is difficult to quantify at this stage as planning obligations have only previously been paid on larger schemes and there are many schemes already with the benefit of planning permission which will not be liable for CIL (it cannot be backdated except in

10 very specific circumstances). CIL money will go some way towards provision of infrastructure identified in the Council s Infrastructure Plan, but there will be other sources of funding, such as grants which will also help to pay for the infrastructure needed. As more schemes will pay towards infrastructure than previously, there will be more money available from CIL for infrastructure provision, as many more schemes will pay than have done in the past through S106 planning obligations. Can CIL money be spent on other things? No, CIL monies are ring-fenced for infrastructure use although the Council can also spend part of the money on administering the CIL process. There is no time limit on spending CIL monies so money can be saved towards the provision of a large piece of infrastructure if necessary. However, if the Council is to deliver the growth objectives of the Local Plan, the Council will need to fund the critical infrastructure necessary to bring forward growth if funding is not available from elsewhere. Interest earned on CIL monies can also be used for infrastructure. How will we know about CIL and the Charges? The proposed levy rates and the types of development liable to pay the Levy will be set out in an adopted Charging Schedule. This has to go through two rounds of consultation on firstly a Preliminary Draft Charging Schedule and then a Draft Charging Schedule which will then be considered by independent examination. Following the inspector s report, the Council will publish the adopted version on its website giving notice of the date at which CIL will be first be collected. At the earliest this would be April 2013 given the legislative process to be followed. How much is the Levy likely to be? The rates to be charged need to be set out in a detailed Charging Schedule which will be considered through Examination by an independent Inspector. The charge needs to be based on evidence and provide a balance between ensuring that development can continue to take place and the need to provide the infrastructure to support new development. The precise rates to be charged are therefore very important and the requirement is to carry out two rounds of consultation. The first of these on the Preliminary Draft Charging Schedule is detailed on our website; the next consultation stage will be the Draft Charging Schedule. Can the local authority treat CIL as a material consideration when determining planning applications? Section 143 of the Localism Act 2011 provides that any financial sum that an authority has received, will receive or could receive in payment of CIL, is capable of being taken into account as a material local financial consideration in planning decision making so long as it is material to the planning application. S143 came into force on 15 th January What additional information will be needed when I submit my planning application? Additional information on floorspace of any existing buildings and new floorspace expressed as gross internal area will be required but the Council will provide new guidelines to help those making applications nearer to any commencement of CIL. What happens if the CIL rates are incorrectly set, won t the development industry just grind to a halt? It will be important that the CIL rates are set to ensure that the majority development is not prevented from coming forward. However, the Regulations do recognise that there might be some schemes that are not viable with the introduction of CIL. It will therefore be important to monitor the introduction of any CIL, as it would be in noone s interest to have a collapse of the local building industry.

11 Surely CIL will only increase the cost of providing homes? House prices are unlikely to be affected by CIL because the local property market determines house sales values. The costs of development will be a factor and developers will need to include the requirement to pay CIL as a cost when considering the price they are prepared to pay to purchase land. It is therefore the landowner who will see a reduction in the price paid for land. It is the landowner who gains significantly for increased land values when planning permission is granted, or even allocated in Local Plans and CIL is a means of ensuring that some of this gain is passed back to the community to pay for infrastructure. Who checks the CIL rates? Before CIL can be adopted the Council will need to appoint an independent examiner to assess the Draft Charging Schedule. This inspector will check that the correct process has been adhered to and that the proposed levy rate(s) are informed by and consistent with the appropriate available evidence and that an appropriate balance has been struck between the funding required for infrastructure and the need to ensure that the overall development growth of the area is not put at risk. The examiner can approve, modify or reject the Draft Charging Schedule but the examiner s decision is binding. How regularly should a schedule be updated? The Community Infrastructure Levy Guidance: Charge Setting and Charging Schedule Procedures (March, 2010) encourages authorities to keep their charging schedules under review to ensure that that CIL charges remain appropriate over time. For instance, as market conditions change, and also so that they remain relevant to the gap in the funding for the infrastructure needed. Can the Levy be amended? Yes and it should be regularly reviewed to ensure it is set at a viable rate. Once adopted the Charging Schedule sets out the CIL charge and is non negotiable but the charges can be amended through appropriate further consultation and a reexamination of the Charging Schedule. For further information on CIL please visit the CLG website.