Decision details

Community Infrastructure Levy (CIL)

Decision Maker: Executive

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: Yes

Purpose:

To seek delegated authority for the Deputy Chief Executive to administer CIL enforcement in accordance with the requirements of the Community Infrastructure Levy Regulations 2010 (as amended).

Decisions:

The Executive received a report which sought approval to delegate authority to the Deputy Chief Executive to carry out the administration of Community Infrastructure Levy (CIL) enforcement as prescribed by the Community Infrastructure Levy Regulations 2010 (as amended).  Regarding the amount of CIL contributions received, the Executive was informed that some £1.7m had been received to date.  The Executive noted that 40% of CIL income went towards SANG provision and a percentage to the local community where the development occurred.  It was noted that no CIL money had been distributed.

Following a question regarding deadlines in paragraph 1.6 of the report, the Deputy Chief Executive advised that the Government set prescribed decision targets for applications of either 8 weeks, 13 weeks or 16 weeks.  It was explained that the Joint Committee had resolved that the Infrastructure Working Group would make recommendations to the Joint Committee about how monies collected using the CIL would be spent in accordance with the published Regulation 123 list.

RESOLVED

That (i)    Delegated authority be given to the Deputy Chief Executive in consultation with the Portfolio Holder for Planning to administer CIL enforcement in accordance with Regulations 80 to 92 of the Community Infrastructure Levy Regulations 2010 (as amended);

          (ii)   Delegated authority be given to the Deputy Chief Executive in consultation with the Portfolio Holder for Planning to, when justified, withdraw a CIL Liability Notice issued by the Council in accordance with Regulation 65(7) of the Community Infrastructure Regulations 2010 (as amended);

          (iii)  Delegated authority be given to the Head of Democratic and Legal Services to administer CIL enforcement in accordance with Regulations 93 to 111 of the Community Infrastructure Levy Regulations 2010 (as amended); and

          (iv)  Delegated authority be given to the Deputy Chief Executive for the administration of Community Infrastructure Levy under Part 8 of the Community Infrastructure Levy Regulations 2010 (as amended).

Reason:   To ensure the effective and efficient administration of CIL enforcement without the risk of a successful legal challenge.

Wards Affected: (All Wards);

Recommend to Council?: No;

Consultees

Cllr Bowes, Portfolio Holder.

Contact: Ernest Amoako, Planning Policy Manager Email: ernest.amoako@woking.gov.uk.

Report author: Ernest Amoako

Publication date: 11/07/2018

Date of decision: 28/06/2018

Decided at meeting: 28/06/2018 - Executive

Effective from: 07/07/2018

Accompanying Documents: