Decision details

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 Maker: Director of City Development

Decision status: Decision Made

Is Key decision?: Yes

Is subject to call in?: No

Decision:

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 (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.

Publication date: 18/07/2025

Date of decision: 18/07/2025

Accompanying Documents:

 

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