Agenda item

Planning and Economic Development Portfolio

To consider report PES/262 of the Head of Economic and Environmental Services 

and the Head of Legal and Democratic Services.

The Cabinet Member for Planning and Economic Development PES/262 presented the joint Report of the Head of Economic and Environmental Services and the Head of Legal and Democratic Services. The report sought approval for the delegation to officers duties and powers associated with the Community Infrastructure Levy (CIL) Regulatory Framework.

It was noted that the proposal would ensure that the Council could administer the levy efficiently and comprehensively within Crawley, especially in relation to the Council’s responsibilities for collecting CIL liabilities and enforcing against non-payment of CIL. The Cabinet confirmed their endorsement of the proposals.

RESOLVED

That Cabinet

1)            approves the exercise of the duties and powers set out in Appendix A (1-4) to this report PES/262, as included at Appendix A to these minutes, bedelegated to the Head of Economic and Environmental Services and that the exercise of duties and powers relating to the provision of land and or infrastructure in Kind as set out in Appendix A (5) be delegated to the Head of Economic and Environmental Services in consultation with the relevant Portfolio holders.

2)            approve a limited power to accept a “land payment” or “infrastructure payment” be delegated to the Head of Economic and Environmental Services, in consultation with the Cabinet Member for Planning and Economic Development, subject to the defined limits as follows:

·         Land with a value of less than £200,000

·         Infrastructure with a value of less than £250,000

Further that it be delegated to the Head of Economic and Environmental Services in consultation with the Cabinet Member for Planning and Economic Development to agree the infrastructure that the council would be willing to except as an infrastructure payment and to publish these details on the Council’s website. (In all other cases the decision will remain with the Cabinet).

3)            approves the Policy on Surcharges and the Levy of late Payment Interest as set out in Appendix B of report PES/262

4)            request that Full Council approve the proposed constitutional changes as set out Appendix A to these Minutes.

Reasons for Recommendations

The Introduction of the Community Infrastructure Levy (CIL) brings with it a number of new obligations, duties and powers for the Council. This includes responsibility for determining liability, serving notices, collecting funds and enforcing non-payment as set out in the Community Infrastructure Levy (CIL) Regulations 2010 as amended.

Whilst the current scheme of officer delegation for planning functions includes a wide range of provisions relating to the operation of the Planning and Development functions, it does not cover the specific activities set out in the CIL regulatory framework. To enable the levy to be administered effectively, efficiently and properly, delegation of a number of the Council’s duties and powers to officers is recommended.

The vast majority of decisions relating to CIL will be of a routine administrative nature and these functions should be delegated to officers.

Regulation 73 of the CIL Regulations authorises the Council to accept a ‘land payment’ (an acquisition of land from a person liable to pay a CIL charge) or an ‘infrastructure payment’ (the provision of one or more items of infrastructure from a person liable to pay a CIL charge) in satisfaction of the whole or part of a CIL charge.

However, before an infrastructure payment can be accepted the Council must publish a document on its web site giving notice of its willingness to accept infrastructure payments and the document must also incorporate a policy statement setting out the infrastructure projects or types of infrastructure that the Council would be willing to accept.

There are a number of provisions in the CIL Regulations which gives the Council a power to impose a surcharge or levy late payment.