CHELMSFORD INFRASTRUCTURE LEVY DRAFT CHARGING SCHEDULE EXAMINATION HEARING AGENDA Marconi Room, Civic Centre, Duke Street, Chelmsford, CM1 1JE Tuesday 1 October 2013 10.00 am Notes This Agenda is provisional and flexible. Items 11 onwards will not commence before 1.30pm on 1 October Short mid-session breaks will be taken and there will be lunch interval at about 1pm. Participants should be familiar with the Notes for Guidance issued by the Examiner and be prepared to enter into discussion on the matters listed below which have been identified by the Examiner from the Original Representations. It will not be necessary for anyone to repeat their case in detail as all Original Representations will be taken into account. The Examiner will begin each item with brief outline of his understanding of the issues of concern before inviting Representors to contribute. Where a name appears in italic [square brackets], that Representor may be asked to begin discussion on that item but this is optional. Preliminary Matters 1. Introductions 2. Brief Opening Remarks by the Examiner and the Council 3. Broad Key Questions related to: a. Legal and Procedural Compliance with respect to: i. Planning Act 2008 Part 11 ii. CIL Regulations 2010 as amended iii. National and Local adopted planning policy iv. Any ongoing legislative changes b. Appropriate Available Evidence c. Consistency with evidence of viability d. Delivery of the relevant adopted Local Plan e. Regulation 123 Infrastructure Funding Gap List f. Amendments to the Draft Schedule – removal of Instalments Policy and relevance of joint mechanism such as Chelmsford Tomorrow Residential Rate 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. The choice of Site Typologies Building and Construction Materials Costs assumptions with reference to BCIS data Consideration of cost of compliance with Code for Sustainable Homes up to Level 6 Consideration of Abnormal Cost assumptions Level of Benchmark Land Value compared with actual land sale prices including with reference to non-availability of grant funding for affordable housing Assumed Level of house prices Consideration of anticipated developer Profit Levels and the differential between open market and affordable housing prices Acceptable viability buffer or excess of RV over Benchmark or Existing Use Value Affordable Housing typology assumptions Significance of the New Homes Bonus Retail Rates – not to commence before 1.30pm on 1 October 14. Robustness of the Convenience Rate with reference to available transactional evidence [Morrison] 15. Consideration of Benchmark Land Values 16. Assumed interest rates in relation to timescale 17. Assumed development plot density 18. Justification for the differential between the convenience and comparison rates with respect to a. Proposed alternative unified rate [Sainsbury] b. Comparative size of units analysed in the respective viability assessments c. Judgements made on institutional investment potential d. Practical application of the charge with respect to the type of convenience, comparison or mixed offer 19. Consideration of the impact of CIL on different retail types of retail operation, offer or business model. Other Considerations 20. The relationship between CIL and s106 financial planning obligations including with reference to: a. draft Regulation 123 List and s106 SPG b. provision of health care facilities [NHS] 21. The relationship between CIL and the New Homes Bonus 22. CIL status of Beaulieu Park AAP area 23. Consideration of the implications and effect of the Instalments Policy Participants: Representor Consultant Chelmsford City Council Countryside Zest (Beaulieu Park) LLP and Countryside Properties (UK) Ltd Landowner and Development Consortium of: Crest Nicholson Persimmon Taylor Wimpey Cogent Land Ltd McCarthy & Stone Retirement Lifestyles Limited NHS Property Services Ltd Threadneedle Pensions Ltd Dalton Warner and Davis LLP Savills Delegate Derek Stebbing Jeremy Potter Elizabeth Best Anthony Lee – BNP Paribas David Codling – Peter Brett (Chris Bowden – Peter Brett Assocs) (Hannah Neve – ECC Highways) Mary Power Tom Heagan Anthony Curnew (Mike Lambert) Tom Fraser Melys Pritchett The Planning Bureau Ziyad Thomas Greg Hilton Lawson Planning Partnership Dominic Lawson Bespoke Planning Limited Mrs Aarti O’Leary Dominic Lawson