Archived decisions
REPORT OF THE
CABINET / LEADER
PART II
COMMUNITY INFRASTRUCTURE LEVY - CONSULTATION
At its meeting on 26 October, the Cabinet approved the County Council's response to the Government's proposals for the implementation of the Community Infrastructure Levy (CIL).
The 2008 Planning Act contained enabling clauses for a CIL in England and Wales. The Levy will be a charge on development which local planning authorities can choose to set and which is designed to help fund needed infrastructure. It will be paid primarily by owners or developers of land which is developed, and will partially replace developer contributions secured under Section 106 of the Town and Country Planning Act 1990.
There four main features of the Levy are:
(i) a Charging Schedule, prepared by the "Charging Authority", which identifies the infrastructure required to support development and sets the level of the charge;
(ii) a mandatory charge, calculated in accordance with the charging schedule and payable on the commencement of development;
(iii) scaling back of the existing system of planning obligations collected under Section 106 of the Town and Country Planning Act 1990; and
(iv) a framework for pooling contributions to a greater extent than is possible under planning obligations.
In considering the four main features of the CIL, Cabinet expressed concern at the CIL proposal to exclude County Councils from being charging authorities, and believed that it would not contribute to integrated and efficient public service delivery. Therefore, it formally objected to the exclusion of County Councils from the definition of Charging Authorities, and called instead for the system to recognise the leadership and co-ordination role of County Councils as it did with Unitary Authorities in strategic investment planning and delivery of critical public services.
Cabinet agreed that the scale back of planning obligations should be dependent upon whether the local planning authority (or both tiers of local government in relevant areas) for that area have decided to adopt CIL, and the planning authority has completed the adoption of its Local Development Framework to bring the policy into effect. The use of pooled contributions and planning tariffs for off-site provision should not be prevented in areas where CIL is not in place. This would ensure that local circumstances can determine the most effective arrangement for delivery of strategic infrastructure in each area. The potential scaling back of planning obligations in areas which have not yet adopted CIL raises concerns over the funding and deliverability of services.
Therefore, on behalf of the County Council, the Cabinet reiterated its objection to the proposed Community Infrastructure Levy as impractical, and likely to reduce funding for provision of key infrastructure. It also formally objected to any restriction of the scope of Section 106 obligations and contributions, and instead called for the retention and extension of pooling arrangements for Section 106 contributions and obligations as an alternative to Community Infrastructure Levy, where this was the preferred option of upper and lower tier authorities in an area.
This report arises from consideration of a report by the Cabinet on 26 October 2009, which is on Hantsweb at: /decisions/decisions-docs/091026-cabine-R1020105951
HAMPSHIRE COUNTY COUNCIL RESPONSE TO THE GOVERNMENT'S GREEN PAPER `SHAPING THE FUTURE OF CARE TOGETHER'
At its meeting on 26 October, the Cabinet approved the County Council's response, a summary of which is attached as an appendix to this report, to the Government's green paper "Shaping the Future of Care Together". The green paper outlines the Government's vision for a new care and support system recognising that the system needs to be made fairer, simpler and more affordable for everyone. The three key areas covered in the consultation are:
· The proposal for a new `National Care Service' with feedback invited about how the service would work
· How to ensure that choice over quality and joined-up services are achieved in a new National Care Service, and what the barriers to success might be
· Options for funding the National Care Service and whether funding decisions should be made at national or local level
The County Council's response builds on Hampshire's public Commission of Inquiry into Personalisation held in 2008, the recommendations of which were reported to Cabinet in December 2008. Following this, the County Council consulted local service users and carers including a Service User and Carer Conference and presentations to Older Peoples Forums around the County on the green paper. Many aspects of this funding Green Paper echo the findings and recommendations of the Commission. The County Council's response, sets out the importance of local democratic control and local determination of resources, and its support for a comprehensive funding model for adult social care.
This report arises from consideration of a report by the Cabinet on 26 October 2009, which is on Hantsweb at: /decisions/decisions-index/index-docs-7132
T. K. THORNBER, CBE
Leader