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CIL knowledge Partnership Unit 13.2.1 The Leathermarket Weston Street London SE1 3ER www.cilknowledge.com

CIL Guidance 2012 Summary and briefing note

CIL is now being implemented by several Councils

supplemental work to ensure that you are prepared for the

development viability and proactive infrastructure planning

In the area of infrastructure planning you need to

at a time of difficult economic circumstances where are both of paramount importance.

Experience from the early implementation and the 2012

CIL amendment regulations, has given the Government an opportunity to issue a new CIL Guidance. The changes

have translated some of the good practice activities into statutory requirements.

examination.

check that your infrastructure evidence used to justify your aggregate funding gap is directly related to the

infrastructure assessment that underpins your plan and that your regulation 123 list is directly related to this. In the area of viability you need to have consulted developers early in the process and sampled an

appropriate range of sites and types of development in

In summary, the four primary changes are:

1. There is a greater emphasis on demonstrating

how CIL impacts on the implementation of your Local Plan and a link to the viability testing requirements in the NPPF

2. There is a greater emphasis on CIL not

threatening the deliverability of strategic sites

(although the test is still focused on the effects of

CIL on economic viability on the area as a whole).

your relevant plan.

In the areas of rate setting and procedural compliance that are more requirements for charging authorities to provide

evidence of striking the balance and developer and county council (for two-tier authority) involvement.

A few of the tools that we have used to cover these additional elements include:

3. The Regulation 123 List has become a statutory consideration at the Examination.

4. The charging authority is required to produce more evidence at examination

These each have consequences for the evidence you

gather and the decision-making process you go through in setting rates and prioritising expenditure. We have

highlighted below some of the changes in more detail and new technical requirements. We will be updating our own practical CIL guide in the New Year. In the meantime we have shared below some of our techniques designed to address all the CIL requirements.

What does the new CIL Guidance mean for you? You probably want to know what the implications are of

the new CIL guidance on your CIL project. Depending on the stage that you have reached; the updated guidance

will probably require you to undertake varying amounts of

• Developer workshops covering viability

methodology, model inputs and relative viability by area and development type

• CIL Infrastructure Sufficiency Assessment

takes the infrastructure evidence underpinning the relevant plan and identifies and plugs the

gaps necessary to successfully complete a CIL examination.

• Planning Obligations Strategy that pulls together the approach on CIL, S106 and affordable

housing to avoid double-dipping and clearly

inform the developers and the examiner on your spending priorities.

• Rate setting workshop allows you to make an informed and evidence based judgment on

how you struck the balance between funding infrastructure and not putting at serious risk overall development across your area.

Click here for a detailed summary.

The CIL Knowledge.Partnership

If you would like to discuss in more detail the impact of the new guidance on your particular CIL project, please contact us and we’d be happy to talk it through. Chris Twigg Inner Circle Consulting 17775 510641 Chris.Twigg@cilknowledge.com

Jamie Ounan House Consulting 07989 420493 Jamie.Ounan@cilknowledge. com

Anthony Lee BNP Paribas 0207 338 4061 Anthony. Lee@bnpparibas.com

CIL Statutory Guidance Summary  

December 2012

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