OIC DIRECTOR - Decision Sheet

OFFICER DECISION

Decision: To accept changes to the proposed draft Community Infrastructure Levy (CIL) Charging Schedule and notify/ consult on the Statement of Modifications to the draft CIL Charging Schedule

Decision Date: 18/07/2025

Type of Decision: Director Key

Non-Key

Portfolio Area that decision relates to:

Leader Policy, Strategy & Partnerships

Environment and Climate Emergency

Transport

Finance, Performance, Major Projects & Equalities

Children, Young People and Education

Economy and Culture

Health, Wellbeing and Adults Social Care

Housing, Planning & Safer Communities

Background / Decision Summary:

In January 2023 Executive made the decision to proceed to public consultation on a draft CIL charging schedule following preparation of the supporting evidence base. A public consultation was undertaken in February and March 2023 following which responses were considered resulting in further viability testing. This post-consultation work informed a revised draft charging schedule reflecting the updated viability evidence. Consultation on this took place at the end of 2023 and into 2024.

Work was then put on hold pending adoption of the Local Plan. This took place in February 2025 since which time officers have been working with consultants to review the viability work and ensure that the evidence is still relevant. Changes in viability headroom resulting from increased build costs and smaller than expected increases in residential values have resulted in a need to reduce the proposed CIL rate for non-strategic residential development from £200psm to £150psm. The proposed draft charging schedule will retain a rate of £100psm for strategic sites ST16 and ST36. Further modifications have been identified as a result of comments received during the 2023/4 consultation. These include changes to clarify the installments policy; changes to the mapping to correctly identify the extent of allocation ST15; and correction of an omission which resulted in sites ST1 and ST5 falling within the £200 residential rates, instead of the correct £100 strategic sites rate. These changes have been combined into a Statement of Modifications (attached).

In accordance with Regulation 19(4) of the Community Infrastructure Levy Regulations 2010 (as amended), the Council need to notify of the modifications made to the original charging schedule. Consequently, there will be a 4 week consultation (starting from the date of notification) on the proposed modifications wherein people can register their views and whether they wish to be heard on the matters changed at the independent examination. Documents for consultation are:

· Statement of Modifications

· Revised Draft CIL Charging Schedule

· City if York Viability Study Addendum (June 2025) by Planning Porter Economics

To guide the public consultation a consultation strategy (attached) has been prepared. It is a requirement of the draft Statement of Community Involvement[1] (SCI) that a bespoke consultation strategy is designed for each consultation. The consultation strategy reflects the requirements of the CIL Regulations to inform ‘consultation bodies’ and will also notify anyone who has previously commented during our CIL consultations (and expressed an interest in being kept up-to-date on CIL). Information will be included on CYC consultation pages and on social media. Any representations received will be forwarded to the examiner for consideration following completion of the consultation period.

Options Considered:

i. To agree/ not agree the proposed modifications to the draft CIL Charging Schedule as identified in the Statement of Modifications;

ii. To agree/ not agree the consultation strategy for the CIL Statement of Modifications consultation;

Options Rejected:

i. To not agree the proposed modifications – Revised viability evidence has shown that the CIL rates for residential development indicated in the Spring and Winter 2023 draft CIL Charging Schedules would no longer be viable in the majority of cases and delivery of development identified in the Local Plan could therefore by compromised. It is therefore proposed to modify residential rates to reflect the revised viability. Other modifications to correctly identify rates for strategic sites ST1 and ST5 (removed in error from the Winter 2023 Strategic sites £100 CIL rate); and changes for clarity proposed to the installments policy and mapping are also included.

ii. To not agree the consultation strategy – It is a requirement of the draft SCI that a consultation strategy is agreed before public consultation on planning policy matters.

Consultation Process:

Previous stages of consultation on the draft CIL Charging Schedule have taken place in Spring 2023 and Winter 2023/4, as detailed above. We now intend to undertake a final consultation on the proposed modifications. As detailed in the attached consultation strategy, it is intended to directly contact consultation bodies (see Reg16 CIL Regulations as amended), those who have previously commented on our CIL consultations (and expressed an interest in hearing more about CIL), local planning agents and the business community. In accordance with Reg19 of the CIL Regulations (as amended) comments should be limited to the modifications proposed and whether they wish to be heard on this matter at Examination. The consultation will also be advertised on the Council’s consultation pages and on the Strategic Planning Policy webpages.

Implications

Crime & Disorder

Equalities

Highways

Human Resources

Legal

ICT

Financial

Affordability

Property

Climate Change

Health

Other

Environment

Human Rights

Implications Contact:

Level of Risk: Low

Wards Affected:

All Wards

Fishergate

Holgate

Rural West York

Acomb

Fulford & Heslington

Hull Road

Strensall

Bishopthorpe

Guildhall

Huntington & New Earswick

Westfield

Clifton

Haxby & Wigginton

Micklegate

Wheldrake

Copmanthorpe

Heworth

Osbaldwick & Derwent

Yes

Dringhouses & Woodthorpe

Heworth Without

Rawcliffe & Clifton

Comments/Observations:

Decision:

Decision Made by: Garry Taylor, Director of City Development

Contact Details: Directorate of City Development, West Offices

On behalf of: Garry Taylor, Directory of City Development

To be implemented by:

Alison Cooke, Head of Strategic Planning Policy

Alison Stockdale, Strategic Planning Policy Manager

On Completion – Signed off by: Garry Taylor

Date:18/07/2025