Out-Law News 1 min. read
10 Feb 2015, 4:52 pm
Following an examination hearing in January, examiner Philip Staddon issued his examination report (16-page / 955 KB PDF) on the DCS on 30 January. He said that, subject to three modifications, the DCS provided "an appropriate basis for the collection of the levy in the area". The inspector said the background economic viability evidence provided by the Council in support of the DCS was "reasonable, robust, proportionate and appropriate".
Staddon was satisfied that the £50 per square metre charge proposed for strategic sites in the Council's administrative area "would not threaten their viability". However, he noted that the developer of the 18 hectare Bath Western Riverside (BWR) regeneration site, to the west of Bath city centre, had indicated at the examination hearing that a new planning application might be forthcoming for the site and that "there would be serious viability issues".
A statement of common ground had belatedly been reached between the Council and the BWR developer, noted the inspector. The statement recognised that the site had "significant viability issues"; agreed that "the development is most effectively delivered through the bespoke section 106 planning agreement mechanism"; and requested that "the site be identified as a specific charging zone and a nil charge set".
Staddon noted that the BWR site was "a major regeneration project of profound significance". He agreed to the proposed modification, despite it having been introduced very late in the CIL consultation process, noting that "my agreement is quite exceptional, and solely the consequence of quite unforeseen circumstances, combined with the scale and strategic importance of BWR".
The inspector also recommended that the DCS be modified to provide a "more precise definition" of 'older persons' accommodation' and of 'student housing'.
The Council said it expected its final charging schedule to be approved in February and CIL to be implemented from 6 April.