To consider the above report

Members considered adoption of the Community Infrastructure Levy (CIL) and associated documents with implementation of the Levy from 1 September 2016.

The Lead Member for Planning, Councillor D. Wilson, explained that the charging schedule had been examined in March 2016. The Inspector had also examined the Tandridge schedule, which had been challenged. The Court of Appeal had dismissed the challenge making it clear that an up to date Local Plan was not required to implement CIL.  The council had undertaken an Infrastructure Development Plan to support examination; as a result the inspector had supported the schedule with one minor change, as detailed in paragraph 2.7 of the report, to remove reference to ‘offices’ development type.  The Lead Member thanked the Special Projects Officer and Borough Planning Manager for their hard work in producing the CIL regime and during the examination. He highlighted that the regulation 123 list stated the main priority areas and that S106 could be included for mitigation. An instalment  policy was available if CIL charging went beyond £50,000.

Councillor Hilton commented that he was delighted to second the motion as nearly all development added burden to the council’s infrastructure. Unfortunately since April 2015 the council ceased to be able to collect S106. He was pleased that Cabinet had not accepted the perceived wisdom that a Local Plan was needed before CIL could be implemented. The introduction of CIL would bring new challenges, for example in prioritising and governance. In areas with a Neighbourhood Plan, the parish council would receive 25% of CIL, which was much more than any parish council had had to mange in the past. It would be important for the council to work with parishes to deliver projects.

Councillor Werner commented that he was delighted that CIL was happening. He had been worried since it was first announced that S106 was going that the council needed to get going on CIL. He congratulated the Lead Member and officers for getting it in place. He understood that CIL would not apply in Maidenhead town centre; he questioned why this was the case when developments brought in children requiring school places. He also commented that he was fascinated by the  Inspector’s amendment, given that offices brought in traffic to the town centre and increased the need for parking. He was supportive of the motion but asked whether this aspect could be challenged.

Councillor Dudley highlighted that the council had been told it would be impossible to implement CIL without a local plan in place. However the determination of officers and Lead Members not to accept that answer had led to a fantastic result. He thanked all involved.

Councillor Burbage commented that he supported Councillor Werner’s comments about the impact on the town centre but highlighted that the schedule was due to be reviewed when the local plan was adopted anyway.

Councillor Saunders commented that since the Area Action Plan was written it had been made clear that the quality of design and materials and the impact on the environment must be optimised. In all planning consents this had been a key feature. To deliver this level of quality meant that development and construction costs would be higher, resulting in a lower return for developers. He cautioned that adding CIL may compromise the quality achieved in future developments.

Councillor Grey highlighted that the instalment policy and discretionary relief would aid developers.

Councillor D. Wilson confirmed that the council had been able to continue to collect some S106 payments since April 2015; an annual report recently went to the Planning and Housing Overview and Scrutiny Panel. It was the council’s intention to review CIL when the Borough Local Plan was in place.

It was proposed by Councillor D. Wilson, seconded by Councillor Hilton and:

RESOLVED UNANIMOUSLY: That Full Council:

i.              Agree the modification recommended by the Inspector and delete the charge for large offices and set a zero rate (Appendix A)

ii.            Approve the adoption of The Royal Borough of Windsor & Maidenhead’s CIL Charging Schedule (Appendix B)

iii.           Approve the CIL Charging Schedule to take effect from 1 September 2016

iv.           Approve the adoption of the Regulation 123 List (Appendix C)

v.            Approve the Instalments Policy (Appendix D)

vi.           Approve the Exceptions Policy (Appendix E)

vii.         Agree an implementation date of 1 September 2016

viii.        Delegate authority to the Monitoring Officer to amend the Constitution of the Royal Borough of Maidenhead to the make provisions for officers to have delegated powers to take enforcement action under the Community Infrastructure Levy Regulations (2010) as amended.