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LondonCommunity
InfrastructureLevy (CIL)
Update
#rtpicil#rtpicentenary
“It is the taking by the community
for the use of the community of the
value that is the creation of the
community”
(Henry George, 1879)
#rtpicil#rtpicentenary
Mayoral CIL & Crossrail SPGAlex Williams
View from the Inspectorate Keith Holland
ViabilityAnthony Lee
Infrastructure Planning & CIL Rory Brooke
Mayoral CIL & Crossrail SPGAlex Williams
View from the Inspectorate Keith Holland
ViabilityAnthony Lee
Infrastructure Planning & CIL Rory Brooke
#rtpicil#rtpicentenary
London CIL Update The Community Infrastructure Levy in LondonThursday 12th June 2014.
Mayoral CIL, Crossrail SPG and London CIL Update.
Alex Williams, Director of Borough Planning
5
Mayoral CIL
PLANNING PERMISSION GRANTED
CIL LIABILITY CALCULATED & NOTICE ISSUED
DEVELOPMENT COMMENCED
DEMAND NOTICE ISSUED
CIL PAYMENT (POSSIBLY PHASED
• £300m for Crossrail
• Charging since April 2012
• 3 rates across London: £50 / 35 / 20 m2
• In London the Mayor is the CHARGING authority & the boroughs are COLLECTING authorities
6
Mayoral CIL –
economic context
7
Mayoral CIL Income
8
Mayoral CIL Income
9
Mayoral CIL
– where from?
12%
11%
10%
7%
6%
6%
48%
Westminster
City
Lambeth
Tower Hamlets
Camden
Greenwich
Rest of London
10
Mayoral CIL –
development hotspots
11
Mayoral CIL
– Highest Receipts
12
Crossrail
Funding SPG
13
Crossrail SPG
analysis
76%
24% Referable applns
Non Referable
applns
95%
2% 3%
CAZ
Isle of Dogs
1 km
boundary
Application type
(by receipt)Location trigger
(proportionate applications)
14
Crossrail Funding SPG
– Top Receipts
Rank Borough Amount Development Address Date S106
Signed
1 City £5,925,072 5 Broadgate July 2011
2 Westminster £3,359,999 Former Middlesex Hospital March 2012
3 City £3,603,634 St Alphage House August 2011
4 City £2,769,916 52-54 Lime Street & 34-35 Leadenhall June 2013
5 City £2,457,338 Bloomberg Place March 2012
6 City £2,083,157 30 Old Bailey August 2011
15
London Borough CIL’s
– the frontrunners
2012 I 2013 I 2014
REDBRIDGE
WANDSWORTH
CROYDON
BARNET
BRENT
HARROW
NEWHAM
MERTON
SUTTON
W.FOREST
CITY
ISLINGTON
LAMBETH 16
London Borough CIL’s
- Progress
17
REDBRIDGE
WANDSWORTH
CROYDON
BARNET
BRENT
HARROW
NEWHAM
MERTON
SUTTON
WALTHAM FOREST
CITY
ISLINGTON
LAMBETH
RICHMOND
LEWISHAM
CAMDEN
BARKING & DAGENHAM
BEXLEY
HILLINGDON
HARINGEY
SOUTHWARK
TOWER HAMLETS
KINGSTON
HACKNEY
KENS & CHELSEA
LLDC
ENFIELD
HAMM & FULHAM
GREENWICH
EALING
HOUNSLOW
BROMLEY
HAVERING
WESTMINSTERKey
Charging Draft Charging Schedule PublishedPreliminary Draft Charging Schedule PublishedPreparation stage
Borough CIL’s
– Infrastructure needs
18
Borough Funding Gap Potential BCIL
Lambeth £242m £5m pa
Lewisham £230m £4m pa
Barking & Dagenham
£148m For education alone
£2m pa
Borough CIL’s
- Office rates
19
Borough CIL’s
- Residential rates
20
Borough CIL’s
– Regulation 123 lists
The Reg. 123 list outlines types of infrastructure to be funded in whole or part
by CIL. Borough priorities tend to be:
• Education Facilities: e.g. provision / improvement of new and existing public education
facilities
• Community facilities: e.g. provision / improvement of new and existing community
facilities
• Public Realm Improvements: e.g. provision / improvement/maintenance of public
realm projects or area based public realm streetscape
•Transport: e.g. provision / improvement of strategic public transport initiatives
21
Thank you.
22
Mayoral CIL & Crossrail SPGAlex Williams
View from the Inspectorate Keith Holland
ViabilityAnthony Lee
Infrastructure Planning & CIL Rory Brooke
#rtpicil#rtpicentenary
Mayoral CIL & Crossrail SPGAlex Williams
View from the Inspectorate Keith Holland
ViabilityAnthony Lee
Infrastructure Planning & CIL Rory Brooke
#rtpicil#rtpicentenary
Anthony Lee
How is CIL affecting funding of infrastructure in London?
1. How CIL is affecting funding of infrastructure
2. Can CIL support longer term approach to delivery?
3. Is it working in practice?
4. Relationship between the boroughs and the Mayor
26
Introduction
How is CIL affecting the long term delivery of infrastructure
27
CIL does not account for significant % of total costs
Typically less than 5% of total costs
Lower % when existing floorspace deducted
Largely replaces existing S106 ‘ask’
S106 limited by Regulation 122 to:
Necessary to make development acceptable in planning terms
Directly related to the development
Fairly and reasonably related in scale and kind to the development
28
CIL and long term delivery of infrastructure
CIL is a less significant factor than other priorities
Affordable housing
Provision/reprovision of employment floorspace
Changes to other inputs more significant
29
CIL and long term delivery of infrastructure
30
CIL and long term delivery of infrastructure
30
-
2
4
6
8
10
12
14
AH 35% AH 50%
Resid
ual
Lan
d V
alu
e (
£ m
illio
ns)
CIL of £250 psm CIL of £350 psm
Impact of
increase from
35% to 50% AH
Impact of increase in
CIL from £250 to £350
psm
£0
£5
£10
£15
£20
£25
£30
£35
£40
£45
Ja
n-0
7
Ma
r-0
7
Ma
y-0
7
Jul-
07
Sep
-07
No
v-0
7
Ja
n-0
8
Ma
r-0
8
Ma
y-0
8
Jul-
08
Sep
-08
No
v-0
8
Ja
n-0
9
Ma
r-0
9
Ma
y-0
9
Jul-
09
Sep
-09
No
v-0
9
Ja
n-1
0
Ma
r-1
0
Ma
y-1
0
Jul-
10
Sep
-10
No
v-1
0
Ja
n-1
1
Ma
r-1
1
Ma
y-1
1
Jul-
11
Sep
-11
No
v-1
1
Ja
n-1
2
Ma
r-1
2
Ma
y-1
2
Jul-
12
Sep
-12
No
v-1
2
Ja
n-1
3
Ma
r-1
3
Ma
y-1
3
Jul-
13
Sep
-13
No
v-1
3
Ja
n-1
4
Mil
lio
ns
GDV Private GDV Dev costs Residual (with CIL) Residual (no CIL)
31
CIL and long term delivery of infrastructure
31
Risk Margin Grant
funding
Affordable Rent
Mayoral CIL £35
Borough CIL £150
Challenges of borough-by-borough charging and timings
32
All boroughs must set rates on basis of viability
Cumulative impact of policies alongside CIL
Sites critical to the plan may be individually tested
SUBJECT TO provision of information by developer
Ideally in the form of an appraisal
Should demonstrate impact of CIL (e.g. before and after CIL IRR)
Should not simply show the scheme viability is challenging
Boroughs can adopt own instalments policies
Boroughs can turn exceptional relief on and off at will
Varying approaches to use of S106 on major schemes
33
Challenges of borough-by-borough charging
Can CIL support a longer-term approach to delivery of infrastructure?
34
In principle, yes
Breaks link between receipts and schemes – flexibility
Pooling of contributions significantly easier under CIL
BUT fixed and unresponsive to market cycles +/-
35
CIL and long term delivery of infrastructure
DIFS approach
Tariff of £40,000 per unit
Timetabled increase in 2016
Money ring-fenced for NLE
All units pay tariff
Ability to negotiate but rarely
applied
36Presentation Footer Text
CIL
Tariff converted to CIL
£265 per sqm
Degree of uncertainty
Existing floorspace
Exceptional relief
Discretionary relief
Receipts could be lower
No ring-fencing
No ability to increase in NEV
Whole CS review required
CIL and long term infrastructure delivery – NEV OA
How is the relationship between the Mayor and boroughs working?
37
Mayoral CIL adopted in April 2012
LAs required to have regard to Mayor’s CIL when setting rates
Mayor adopted before all authorities except Redbridge (Jan 12)
What happens when Mayor wants to review his CIL?
Extent to which Crossrail S106 to be taken into account is unclear
Crossrail S106 is an indicative charge, subject to viability
LBTH has challenged Crossrail S106 taking priority over own CIL
38
Relationship between boroughs and Mayor of London
Conclusions
39
CIL gives LAs greater freedom to pool resources cross Borough
Old restrictions in S106 agreements swept away
Inability to flex in response to market cycles is an issue
Simplifying process of establishing and adopting rates required
BUT
CIL accounts for only a small proportion of costs
Relatively insignificant in major projects
Other policy objectives have more influence (and can flex)
40
Conclusions
Mayoral CIL & Crossrail SPGAlex Williams
View from the Inspectorate Keith Holland
ViabilityAnthony Lee
Infrastructure Planning & CIL Rory Brooke
London CIL Update
Infrastructure Planning
12th June 2014
Rory Brooke
London CIL Update June 2014
Structure
• Context: NPPG Requirements and Guidance
• Infrastructure evidence
• Relationship to S106 via Regulation 123
• S278
• Payments in kind
• LB Hillingdon CIL
• LB Lewisham CIL and Convoys Wharf
• Funding in Wider Context
• Warrington RIF
• Southall DIFS
• Croydon DIFS
• Questions
London CIL Update June 2014
Context: NPPG Guidance
• Required infrastructure evidence
• CIL, S106 and Regulation 123 List
• S278
• Payments in kind
London CIL Update June 2014
Required Infrastructure Evidence
• ‘At examination, the charging authority should set out a draft list of the projects or types of infrastructure that are to be funded in whole or in part by the levy.’
• Can use Local Plan IDP or elements of the IDP
• ‘A charging authority may undertake additional infrastructure planning to identify its infrastructure funding gap, if it considers that the infrastructure planning underpinning its relevant Plan … is weak or does not reflect its latest priorities. This work may be limited to those projects requiring funding from the levy.’
• Where infrastructure planning work which was undertaken specifically for the levy setting process has not been tested as part of another examination, it will need to be tested at the levy examination.’
London CIL Update June 2014
CIL, S106 and Regulation 123 List
• Total developer costs are the sum of CIL and S106
• CIL and S106 do not overlap – controlled by Regulation 123 list
• But this can result in double counting
• ‘Local authorities should ensure that the combined total impact of such requests
does not threaten the viability of the sites and scale of development identified in
the development plan.’
• ‘Where the levy is in place for an area, charging authorities should work
proactively with developers to ensure they are clear about the authorities’
infrastructure needs and what developers will be expected to pay for through
which route. There should be not actual or perceived ‘double dipping’ with
developers paying twice for the same item of infrastructure.’
• ‘…where a change to the regulation 123 list would have a very significant impact
on the viability evidence that supported examination of the charging schedule,
this should be made as part of a review of the charging schedule.’
London CIL Update June 2014
S278 Infrastructure
• ‘Planning obligations and conditions should not be used to require a developer to enter into section 278 agreements to provide items that appear on the charging authority’s Regulation 123 infrastructure list.’
• ‘Charging authorities should take care to ensure that their existing or forthcoming infrastructure list does not inadvertently rule out the use of section 278 agreements for highway schemes.’
• ‘Contributions for highway works that are secured through section 278 of the Highways Act are not subject to the pooling restriction.’
London CIL Update June 2014
Payments in Kind
• Issue: How can developers be sure the LA will spend CIL on their site-related infrastructure?
• Possible route for more control: payments in kind
• ‘Where a charging authority chooses to adopt a policy of accepting infrastructure payments, they must publish a policy document which sets out conditions in detail.’
• ‘Where the levy is to be paid as land or infrastructure, a land or infrastructure agreement must be entered into before development commences. This must include the information specified in Regulation 73A.’
• Our understanding: DCLG allow payments in king on capital works up to a value of £4.3m without going to competitive tender.
London CIL Update June 2014
LB Hillingdon CIL
• Local Plan adopted November 2012
• LB Hillingdon SIP, March 2013
• CIL hearing October 2013
• Examiner’s report, 10th February 2014:
London CIL Update June 2014
LB Lewisham CIL and Convoys Wharf
• URS represented Hutchison Whampoa Properties (Europe) Limited, owners of Convoys Wharf, at the LB Lewisham CIL Examination
London CIL Update June 2014
The site: Convoys Wharf
• Located in north Deptford, Convoys
Wharf forms a significant element of
the Deptford Creek/Greenwich
Riverside Opportunity Area
• At 16.6ha it is the largest development
site in LB Lewisham
• It is one of the few remaining large
sites on the Thames of London-wide
significance
• “Convoys Wharf, in size terms alone,
is of strategic importance and this
should be reflected in policy terms”
(LB Lewisham Core Strategy, 2010)
London CIL Update June 2014
Development Proposal
• Planning Context- Identified in Core Strategy for mixed use
development
- Development has ability to transform the social,
physical and economic fabric of the area
- Previous planning application submitted in 2002
- In 2012 HWP appointed Sir Terry Farrell and
Partners to develop the scheme
• Current proposal- New planning application for mixed use
development, including 3,500 dwellings,
submitted to LB Lewisham in April 2013
- Application called in by the Mayor last week:
- “The strategic importance of the application site
and the contribution it has to make to
regeneration, to jobs, to homes and to other
strategic and local policy objectives is very
substantial…the avoidance of such a situation is
a sound, even compelling, planning reason for
the Mayor to exercise his powers to intervene
and to become the determining planning
authority for the application”
(GLA Planning Report, 2013)Indicative site layout
London CIL Update June 2014
Challenge
• Issue:
• High S106 commitments
• Regulation 123 list that excluded a number of the S106 items from CIL payments
• Previous S106 deal: £47.7m
• CIL requirement:£29.4m
• Potential result: high S106 and high CIL payments: combined cost £69.6m
• i.e. £21.8m additional cost
• CIL Regulations only allows for the CIL Examination to test the draft Charging Schedule (i.e. the proposed Levy Rates) and not the Regulation 123 List (i.e. types of infrastructure the levy receipts are to be used for).
London CIL Update June 2014
CIL Examination
• A key test at the CIL examination is the charging authority’s ability
to demonstrate that the proposed levy rate(s) will contribute
towards the implementation of their Local Plan and support the
development of their area
• ‘…the sites and the scale of development identified in the plan
should not be subject to such a scale of obligations and policy
burdens that their ability to be developed viably is threatened’
(NPPF, para 173)
London CIL Update June 2014
Hutchison Whampoa Case
• Argued that Convoys should be treated as a strategic site for CIL purposes and that the specifics of scheme should be considered as part of the CIL Examination.
• We concluded that the Council had underestimated typical development costs by applying incorrect viability assumptions.
• Argued that the Draft Charging Schedule would render the Convoys scheme unviable.
• Our analysis also concluded that LB Lewisham’s CIL viability testing failed to adequately take in to account the context around risk associated with CIL infrastructure delivery.
• We recommended that a separate charging zone should be defined for the site.
London CIL Update June 2014
Our Recommendations
We set out a hierarchy of three options for change at the Examination:
1. Favoured: A low CIL rate for Convoys Wharf and with most infrastructure delivered via S106. This has similar costs and risks to the current S106 package.
2. Unacceptable and viability at risk: A re-defined Regulation 123 list that shifts most Convoys Wharf infrastructure costs from the S106 package to the CIL payments. This has similar costs but higher risks to the current S106 package (with risks defined as per uncertainties inherent in CIL).
3. Most unacceptable and unviable: The current CIL charging schedule and Regulation 123 list proposals. This has higher costs and higher risks than the current proposals and S106 package.
London CIL Update June 2014
Examiner’s Report
23rd January 2014
London CIL Update June 2014
Infrastructure Funding: The Wider Context
• Warrington Revolving Infrastructure Fund
• Croydon Town Centre DIFS
• Southall Town Centre DIFS
London CIL Update June 2014
Warrington Revolving Infrastructure Fund (RIF)
Up-fro
nt
funds/in
vesto
rsRGFHCA Prudential
borrowing
Pension funds
Venture capital
LEP and Government Programmes
Revolving Infrastructure Fund pot
Project A: business plan A, funding mix
A
Project B: business plan B, funding mix
B
Project N: business plan N, funding mix
N
Receip
ts/in
co
me
Rates/ TIF paymentsNHB via LEP
S106 and/or CIL payments
Operational revenues
Land sales Council funds and assets
Assessment (fit in Goldilocks zone etc)
London CIL Update June 2014
Croydon Town Centre DIFS
• xx
London CIL Update June 2014
Southall Town Centre DIFS
• xx
London CIL Update June 2014
Discussion
Questions?
London CIL Update June 2014
Viability Framework
LA CIL
Mayoral CIL or
CrossrailS106 Levy
Other S106
Land value
Developers profit
Affordable housing
requirements
Construction
costs and fees
London CIL Update June 2014
Fit with S106
London CIL Update June 2014
URS, Infrastructure and Funding
Funding
• CIL charge setting / viability testing
• LLDC
• Hillingdon
• LB Camden
• Westminster City Council
• Thurrock
• Leicestershire authorities
• Worcestershire authorities
• RIF
• Warrington RIF
• SWRDA RIF
• SEEDA RIF
• TIF
• Buchanan Quarter, Glasgow
• Vauxhall Nine Elms
• Parkside, Prologis
• Funds
• Derby Infrastructure Fund
• London Riverside
Infrastructure Planning
– Croydon Town Centre DIFS
– Southall Town Centre DIFS
– LLDC
– Dacorum Borough Council
– Daventry Infrastructure Framework
– Crawley and Horsham JAAP
– LB Waltham Forest
– Westminster
– LB Camden
– LB Brent
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#rtpicil#rtpicentenary