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LESP Response to the Community Infrastructure
Levy Consultation

December 2009


The Planning Act 2008 grants the Secretary of State the power to introduce a scheme for the planning charge called the Community Infrastructure Levy (CIL). The CIL will be a new charge, in which local authorities will be empowered, but not required to charge on new developments in their area. The charge will relate to the size of the development and the proceeds will be spent on local and sub-regional infrastructure.

In responding to the Government’s consultation on CIL and the draft regulations, the Low Emission Strategies Partnership (LESP) has not raised objection to the principle of CIL and has acknowledged that there would be benefits for many authorities from its introduction.

The main concern is that CIL appears not to facilitate the securing of mitigation measures to offset the impact of transport emissions from new developments, which LESP advocates and is achievable through Section 106 Agreements. While the consultation suggests that Section 106 Agreements are to remain available for local authorities to use for at least two years, it also suggests that the scope of Section 106 Agreements may be reduced.

Steve Merryfield, Advisor to the LES Partnership Board, said: “As with most proposals of this type the devil is in the detail. Clarity is needed as to whether CIL will facilitate the securing of mitigation measures from new developments or that Section 106 Agreements will remain without significant reduction of their current scope.

“LESP remains concerned that there is a real danger that some important mitigation measures and in particular delivering cleaner air will fall between the introduction of CIL and potential changes to Section 106 Agreements, which would be a serious retrograde step.”


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