I was at an interesting seminar this morning from the BPF and Planning Inspectorate at which Steve Quartermain, chief planner at DCLG, was speaking on section 106 agreements and CIL. Interestingly Steve said that they are still intending to introduce CIL on 6th April 2010 and (a) they are still looking at scaling back s.106 (b) CIL is not meant to give two opportunities to take a bite from the cherry and (c) they are still interested in views on making the policy tests in 5/05 into law.
So this was a good chance, with a good audience of leading lawyers and planning consultants, to make again some points I and the Law Society's Planning & Environmental Law Committee have made before:
(a) it's no good just scaling back s.106 - there are plenty of other ways to obtain non-policy compliant advantages - conditions, section 38 and s.278 agreements to name but a few
(b) planning permissions currently in existence can be caught by CIL if authorities bring in their charging schedules before implementation
(c) making the policy tests law will give a major weapon to objectors to challenge the grant of permission.
Steve was frank and open and in response to my points and I am delighted that DCLG are alive to (b) but I was not comforted by the solution apparently being considered. My answer on (c) is that the Secretary of State should make it clear he will uphold appeals about s.106s which go beyond the policy tests. Steve's reply was that there aren't so many appeals on that issue, but that's the same as with conditions. There will always be cases where the landowner/developer says "Oh hang it, I'll put up with paying a bit more".
No response on my point (a) however. There are a lot of things still to iron out on CIL. and not much time if the regs are coming in on 6th April.
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