Community Infrastructure Levy (CIL) Charging Schedule January 2020
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1. The Charging Authority The London Borough of Tower Hamlets is a Charging Authority for the purposes of Part 11 of the Planning Act 2008 and may therefore charge the Community Infrastructure Levy (CIL) in respect of development in its Charging Authority area. 2. Date of Approval 2.1 This Charging Schedule was approved by the Council on 15th January 2020. 3. Date of Effect 3.1 This Charging Schedule will come into effect on 17th January 2020. 4. Liability to Pay CIL 4.1 A chargeable development is one for which planning permission is granted and or which is liable to pay CIL in accordance with the CIL Regulations 2010 (as amended). CIL will be chargeable on the net additional floorspace (gross internal area1) of all new development apart from those exempt under Part 2 and Part 6 of the Community Infrastructure Levy Regulations 2010 (as amended). These exemptions include: Developments where the gross internal area of new build2 on the relevant land will be less than 100 square metres except where the development will comprise one or more dwellings; Buildings into which people do not normally go, or go into only intermittently for the purpose of inspecting or maintaining fixed plant or machinery; Development where the owner of a material interest in the relevant land is a charitable institution3 and the development will be used wholly (or mainly) for charitable purposes. 4.2 In addition, the Regulations also allow exemptions to be claimed for self- build housing, and residential annexes and extensions over 100 square metres (regulation 42A and 42B). Affordable housing will be eligible for relief from CIL (regulation 49). 1 Please refer to the accepted method of calculation set out in the Royal Institution of Charted Surveyors’ Code of Measuring Practice: A Guide for Professionals. 2 Please refer to Part 2 of the CIL Regulations 2010 (as amended). 3 Please refer to Part 5 of the CIL Regulations 2010 (as amended). 1
5. CIL Rates 5.1 The Council intends to charge different rates of CIL by the land use of a proposed development (expressed as pounds per square metre) and by the area where a proposed development is situated, as set out in the Table 1 below. 5.2 The Council is designated as the ‘Collecting Authority’ for the CIL of the Mayor of London. This requires a Mayor of London CIL to be charged in addition to the rates described in the table below. Table 1 CIL rate per m2 (GIA) of development Development Type Zone 1 Zone 2 Zone 3 Residential £280 £150 £50 Development Type City Fringe and North Docklands Rest of Borough Offices £100 Nil Retail (Except Convenience £100 Nil Supermarkets/ Superstores and Retail Warehousing) Development Type Borough Wide Convenience £130 Supermarkets/ Superstores* and Retail Warehousing** Hotel £190 Student Housing Let at £450 Market Rents*** Student Housing Let at Nil Below Market Rents**** All Other Uses Nil * Convenience Supermarkets/Superstores are defined as shopping destinations in their own right, where weekly food needs are met, catering for a significant proportion of car-borne customers, and which can also include non-food floorspace as part of the overall mix of the unit. ** Retail Warehousing is defined as shopping destinations specialising in the sale of household goods (such as carpets, furniture and electrical goods), DIY items and other ranges of goods, catering for a significant proportion of car- borne customers. *** Student housing not falling with the definition at **** below. 2
**** Student housing, provided in the form of affordable student housing as defined by the Tower Hamlets Local Plan 2031: Managing Growth and Sharing the Benefits (Regulation 19 version), secured by a s106 planning obligation. The nil rates will only apply if the affordable student housing remain affordable in perpetuity. 6. Charging Zones 6.1 The charging areas (Zones 1 to 3, City Fringe and North Docklands) referred to in the above table are illustrated on the Charging Zones Maps, attached at Appendix 1 of this document. The maps also identify the area of Tower Hamlets that falls within the boundary of London Legacy Development Corporation. Developments in these locations are not covered by this document and are subject to a Community Infrastructure Levy Charging Schedule adopted by the London Legacy Development Corporation. 7. Calculating the Chargeable Amount 7.1 CIL will be calculated on the basis set out in Part 5 of the Community Infrastructure Levy Regulations 2010 (as amended). 8. Inflation and Indexation 8.1 The rates referred to in Table 1 above shall be subject to annual indexation in keeping with the “All-in Tender Price Index” published by the Building Cost Information Service (BCIS). The rates should be increased by an amount equivalent to the increase in the index from the date hereof until the date on which the sums are payable provided that in the event that the “All-in Tender Price Index” shall decrease, the sum not fall below the figures set out. 9. Further Information 9.1 Further information on the Community Infrastructure Levy is available on the Council’s website www.towerhamlets.gov.uk/CIL 3
Appendix 1: Charging Area Maps 4
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