Decision details

Peterborough Community Infrastructure Levy Charging Schedule and Developer Contributions Supplementary Planning Document (SPD) - APR15/CAB/33

Decision Maker: Cabinet

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: Yes


Cabinet received a report which followed the Examination in Public of the Peterborough Community Infrastructure Levy (CIL) Draft Charging Schedule (PDCS). The report explained the outcome of the Examiner’s report on the Draft Charging Schedule, the proposed modifications to the final charging schedule and associated policies, and proposed a formal adoption date of 24 April 2015.


Cabinet considered the repot and RESOLVED:


1.    To recommend to Council that:


A.   the Examiner’s Report into the Draft CIL Charging Schedule is considered and the recommendations and conclusions that underpin them are accepted;

B.   the Peterborough Community Infrastructure levy (CIL) Charging Schedule is adopted, with CIL to come into effect for all planning applications approved on or after 24 April 2015;

C.   the Council’s CIL Supporting Policies Document (including Regulation 123 List, Instalment Policy, Payment in Kind Policy and Statement of Exceptional Circumstances Relief) be adopted and published;

D.   delegated authority be given to the Director of Growth and Regeneration (a) to take all steps necessary to implement the Community Infrastructure Levy Regulations 2010 (as amended), and (b) to take all necessary enforcement action under the Community Infrastructure Levy Regulations 2010 (as amended);

E.   Local Validation Requirements be amended to require the submission of CIL liability details from 24 April 2015;

F.    5% of CIL is retained for the administration and governance costs incurred by the Council, in accordance with the CIL Regulations; and,

G.   The Community Infrastructure Levy is added to the Council’s Major Policy Framework and to approve the consequential Constitutional amendments resulting.


2.    To approve the Developer Contribution Supplementary Planning Document (SPD) for adoption, with the SPD coming into effect on 24 April 2015; and

3.    To revoke the Planning Obligations Implementation Scheme (POIS) SPD, effective from 24 April 2015.

Reasons for the decision:

Government had introduced changes to the way developer contributions could be collected and spent. Charging Authorities had the option of adopting a CIL. From April 2015, the use of existing methodology for collecting and pooling developer contributions (POIS) would become unlawful and so unless a CIL was adopted, the collection and use of developer contributions would be severely limited from that date.


Alternative options considered:

The option to not adopt a CIL had been considered and rejected. There were limited genuine alternatives to adopting the CIL Charging Schedule. Although CIL was not a statutory requirement, authorities without a charging schedule from April 2015 would generally not be able to take into account, as a reason for approval, pooled contributions towards strategic infrastructure. There was no option to amend the Charging Schedule without doing further research and going through the consultation and adoption process again.

Interests and Nature of Interests Declared:


Background Documents:


Publication date: 07/04/2015

Date of decision: 07/04/2015

Effective from: 11/04/2015

Accompanying Documents: