A Draft Charging Schedule (DCS) was published by Brighton & Hove City Council and consulted upon in 2018 in accordance with the Planning Act 2008 (as amended by the Localism Act 2011) and the Community Infrastructure Levy Regulations 2010 (as amended).
A Statement of Modifications to the Draft Charging Schedule was prepared and submitted to the Examiner alongside the Draft Charging Schedule in January 2019.
A public hearing took place April 2019 and the Council then submitted further work in June 2019.
The Examination Inspector agreed modifications for consultation July 2019. The Inspector’s final report recommending approval of the charging schedule was received February 2020.
This charging schedule was approved on 23 July 2020 by Brighton & Hove City Council with a commencement date of 5 October 2020. It has been issued, approved and published in accordance with the Community Infrastructure Levy Regulations 2010 (as amended) and Part 11 of PA 2008.
The Charging Authority and Charging Area
The Charging Authority and Collecting Authority is Brighton & Hove City Council.
The charging area covers the administrative area of Brighton and Hove City Council excluding the South Downs National Park area. The National Park Authority is the charging authority for its own CIL Charging Schedule implemented on 1st April 2017.
How the chargeable amount will be calculated
The Council will calculate the ‘chargeable amount’ of CIL using Part 5 of the CIL Regulations 2010 (as amended) and the formal calculation methodology therein. The key theme of calculating a CIL charge is that CIL will be charged on the net additional internal floor area of development, once exempted development types and other eligibility considerations as set out in the CIL Regulations (as amended) have been taken into account.
The Council will use the indexing as set out in the CIL Regulations 2010 (as amended).
Reporting, monitoring and review
To ensure an appropriate CIL rate that allows for changing market and other influences on development viability and deliverability, the Council will put in place an appropriate reporting, monitoring and review framework. This will be in the form of an Infrastructure Funding Statement as set out in the 2019 CIL Regulations.
It is also anticipated that the CIL charging schedule and its rates will be reviewed within a 3 to 5 year time period from its commencement date, or at an earlier date if changing market conditions support this.
Following independent examination and approval, the rates as set out below will be non-negotiable.
|Use||Location||Levy - pounds per square metre|
Residential - applies to C3 use class
|C2 – Extra Care / Assisted Living (see notes below)
Zone areas are shown on Map in Appendix 1
|Zone 1 & Zone 2||100|
|Nil CIL charge zone
Nil CIL charge zone boundaries are shown on Map in Appendix 1
|DA2 Brighton Marina, Gas Works and Black Rock Area
King Alfred Leisure Centre/RNR site
Brighton General Hospital site
Sackville Trading Estate / Coal Yard site
|Purpose Built Student Housing / Purpose Built Shared Living Accommodation||City Wide||175|
|Retail – Larger format – Retail warehousing / Supermarkets||City Wide||100|
|Retail - Other retail units development||City Wide||50|
|All other development uses||City Wide||0|
C2 Extra Care / Assisted Living – housing with care (primarily for older people):
- where purpose built self-contained homes are designed and built to facilitate independent living and the care and support needs of occupants
- where occupants have agreements to cover the provision of onsite care, support, domestic and other services
- which may also include communal spaces and facilities (some may be open to local community)
- onsite access to care and support services is available 24 hours a day.
NB: 1. Other terms for this form of development may include Independent Living, Very Sheltered Housing, Close Care. 2. This form of development excludes registered residential care /nursing homes (C2) and Retirement Homes and Sheltered Housing which would fall under a C3 use class.)
Nil CIL charge zone boundaries
As set out in the Adopted Brighton and Hove City Plan Policies.
Purpose Built Student Housing category, includes Purpose Built Shared Living Accommodation
Set around cluster type accommodation and/or studio units commensurate with PBSA standards.
Retail A1 to A5, larger format
Retail warehouses are large stores specialising in the sale of household goods (such as carpets, furniture and electrical goods), DIY items and other ranges of goods, catering for mainly car-borne customers.
Superstores/supermarkets are shopping destinations in their own right where weekly food shopping needs are met and which can also include non-food floorspace as part of the overall mix of the unit.
Retail A1 to A5 - Other retail units development
Includes retail development in defined shopping centres and at Major Sporting Venues.
All references to use classes specified in this charging schedule and notes are to be read as if they were references to the descriptions of the uses which comprised those use classes within the Town and Country Planning (Use Classes) Order 1987 (as amended) at July 2020.
The council intends to consider the appropriateness of introducing installment and payment in kind policies allowed for under the CIL Regulations.
To implement these, the Council would publish these policies on its website in accordance with the notification requirements. Such policies would not be part of the charging schedule and could be changed independently of it.
CIL and existing planning permissions
Developments which receive planning consent and have concluded section 106 agreements prior to the commencement date of a CIL Charging Schedule, will not be liable to CIL.
The evidence base
The Council has struck an appropriate balance between the desirability of funding infrastructure from the levy and the potential effects (taken as a whole) of the imposition of CIL on the economic viability of development across its area.
The Council’s CIL viability assessment informs and underpins the rates and geographical areas within this Charging Schedule.
The June 2017 Infrastructure Delivery Plan (IDP) was agreed by the Tourism Development and Culture committee as ‘an evolving part of the evidence base for an emerging Community Infrastructure Levy (CIL) Charging Schedule and (as at the time of preparation) Regulation 123 list’ and evidences a funding gap in the provision of infrastructure and justifies the collection of CIL. A draft Infrastructure List informed, and was consulted upon alongside, the published CIL Draft Charging Schedule.
The Local Development Plan for Brighton and Hove at time of writing consists of the Brighton & Hove City Plan Part One 2016, retained policies of the Brighton & Hove Local Plan 2005, the East Sussex, South Downs and Brighton and Hove Waste & Minerals Plan (2013), the East Sussex, South Downs and Brighton and Hove Waste & Minerals Sites Plan (2017) and the Shoreham Harbour Joint Area Action Plan (2019).
Appendix 1 - Community Infrastructure Levy
Appendix 1 Community Infrastructure Levy - Detail No. 1: City West
Appendix 1 - Community Infrastructure Levy - Detail No. 2: City East