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ENFIELD COMMUNITY INFRASTRUCTURE LEVY (CIL)

CIL DRAFT CHARGING SCHEDULE CONSULTATION REPORT

STATEMENT OF REPRESENTATIONS PROCEDURE

Regulation 19 (1) (b)

July 2015

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CONTENTS

Page

PURPOSE 1 INTRODUCTION 2 PUBLICATION OF THE DRAFT CHARGING SCHEDULE 2 DRAFT CHARGING SCHEDULE CONSULTATION METHODOLOGY 3 DRAFT CHARGING SCHEDULE CONSULTATION 4 COMMENTS MADE ON ENFIELD’S CIL DRAFT CHARGING SCHEDULE 5 CONSULTATION ON THE CIL DRAFT REGULATION 123 LIST AND DRAFT REVISED SECTION 106 SUPPLEMENTARY PLANNING DOCUMENT

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Annexes

Annex A: Draft Charging Schedule Statement of Representation Procedure

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Annex B: Draft Charging Schedule Statement of Fact

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Annex C: Draft Charging Schedule Consultation Notification Letter

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Annex D CIL Draft Charging Schedule Consultation Summary Sheet

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Annex E: CIL Draft Charging Schedule Public Notice

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Annex F: Representations Received to the Draft Charging Schedule

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1 PURPOSE OF THE DOCUMENT 1.1 This document demonstrates how the Council has complied with the

consultation requirements for the CIL Draft Charging Schedule set out in the CIL Regulations 2010 (as amended).

1.2 This document sets out the following:

Which bodies and persons were invited to make representations under the CIL Regulations;

How those bodies and persons were invited to make such representations;

A summary of the main issues raised by those representations.

1.3 The consultation on the CIL Draft Charging Schedule began on 3rd December

2014 to 21st January 2015; the closing date for representations was

subsequently extended to the 13th February 2015.

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2 INTRODUCTION

2.1 Enfield Council invited representations on its Community Infrastructure Levy (CIL) Draft Charging Schedule between 3rd December 2014 to 21st January 2015; the closing date for representations was subsequently extended to the 13th February 2015. The extended period allowed for the Christmas holiday period and ensured that those with an interest in CIL would have the opportunity to respond.

2.2 This Statement of Representations Procedure provides information on the consultation undertaken on the CIL Draft Charging Schedule and expands on the Consultation Statement (July 2014) prepared following Preliminary Draft Charging Schedule stage. It also provides a summary of the representations received to the Draft Charging Schedule.

2.3 The Statement has been prepared in accordance with Regulation 19(1) (b) of the CIL Regulations 2010 (as amended).

3 PUBLICATION OF THE DRAFT CHARGING SCHEDULE

3.1 As part of the consultation on the Draft Charging Schedule, the Council

published the following additional documents, including background evidence, to

support a CIL charge for Enfield:

Enfield Community Infrastructure Levy Draft Charging Schedule

Draft Charging Schedule Supporting Information Document (2014)

Economic Viability Study Updates;

o DSP Economic Viability Report Supplementary Information report

(June 2014)

o Market Update Information Report (October 2014)

Infrastructure Delivery Plan Review and Schedules (2014)

Infrastructure Delivery Plan Review – Consultation Statement (2014)

(Preliminary) Draft Charging Schedule Consultation Statement (2014)

Equalities Impact Assessment

Enfield CIL Statement of Representation Procedure (Reg 16)

Enfield CIL Statement of Fact (Reg 16)

3.2 Copies of these documents were available to view at the Civic Centre (Main Reception) Silver Street, Enfield EN1 3XA between 9am and 5pm and at all local libraries during normal opening hours.

3.3 The CIL documentation and supporting evidence was also made available to

view on the Council’s website using the following link www.enfield.gov.uk/cil. 3.4 Copies of the Council’s CIL Reg 16 Statement of Representation Procedure

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and Statement of Fact are attached in Annex A and B. 4 DRAFT CHARGING SCHEDULE CONSULTATION METHODOLOGY

4.1 The consultation was widely publicised to ensure that the Council reached as many people including developers, the local community and key stakeholders as possible. This included:

4.2 Consultation Notification Emails and Letters

4.3 A total of 1,031 emails and 401 letters were sent to Local Plan and CIL consultees registered on the Council’s Local Plan Database together with additional individuals and organisations who had contacted the Local Plan team expressing a desire to be consulted on CIL and / or the Infrastructure Delivery Plan.

4.4 In addition, a further 1,344 emails and 250 letters were sent to all agents,

developers and landowners known to the Council notifying them of the consultation.

4.5 A copy of the consultation letter/email can be found in Annex C. 4.6 Website 4.7 The CIL Draft Charging Schedule, the Economic Viability Study (including

Supplementary Information Report and Market update Report) and the Enfield Council Draft Review Infrastructure Delivery Plan 2014, together with other supporting documents were published on the Council’s website at www.enfield.gov.uk/cil

4.8 The website also included information explaining where paper copies of the documentation were available for inspection.

4.9 During the consultation, information about the consultation was provided on the

home page of the Council’s website. Information advertising the consultation was also placed on the ‘Latest News’ section of the Planning Policy pages of the website, as well as through the dedicated CIL pages, to ensure maximum exposure.

4.10 A Statement of Fact (copy attached in Annex B) was also placed on the

Council’s website.

4.11 To help notify the local business community of the consultation, the North

London Chamber of Commerce (NLCC) advertised the consultation on its news

pages (dated the 4th December 2014). This can be viewed at,

http://www.nlcc.co.uk/news/community-infrastructure-levy-cil-for-enfield. A

summary sheet detailing the rates proposed and where more information could

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be found was also posted on the NLCC website, a copy of this is attached in

Annex D.

4.12 Enfield Libraries 4.13 Throughout the consultation period, printed copies of the Draft Charging

Schedule and supporting documentation were made available at the Civic Centre (Main Reception) Silver Street, Enfield EN1 3XA between 9am and 5pm and at all local libraries during normal opening hours.

4.14 Press Release 4.15 A press release providing details of the consultation process was issued to the

local media on the 3rd December 2014. 4.16 An article was subsequently reported in the Outlaw legal journal dated the 5th

December 2014. This can be viewed at: www.out-law.com/en/articles/2014/december/enfield-consults-on-cil-draft-charging-schedule. The article contains a link to the Draft Charging Schedule.

4.17 Public Notice 4.18 In accordance with CIL Regulation 16, Enfield gave notice of the publication of

the Draft Charging Schedule through an advertisement published in the Enfield Advertiser. A copy of this notice is attached in Annex E.

4.19 Member Notification 4.20 An item was also placed in the Council Members’ Newsletter, which is produced

every Friday, notifying them of the consultation. 5 DRAFT CHARGING SCHEDULE CONSULTATION a) Pre-consultation liaison

Officers attended the North London Chamber of Commerce Construction Forum presentation, 27th November 2014, in the run up to the Draft Charging Schedule consultation. This included the following:

The presentation provided an overview of the comments received to the Preliminary Draft Charging Schedule, subsequent changes made to the schedule, the content of the Draft Charging Schedule, together with details of the forthcoming consultation.

b) Consultation meetings

At all the “drop in” events listed below copies of the Draft Charging Schedule

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consultation document and supporting evidence were made available. In addition, a 2 sided A4 summary sheet (see Annex D) with the title adapted for each event was handed out. The following events took place during the consultation:

CIL drop in session, 17th December 2014, 4pm – 7.30pm, Place Shaping Room, Enfield Civic Centre.

CIL drop in session, 7th January 2015, 10am – 1pm, Place Shaping Room, Enfield Civic Centre

Central Leeside Area Action Plan, Civic Centre drop in session, 20th January 2015

6 COMMENTS MADE ON ENFIELD’S CIL DRAFT CHARGING SCHEDULE 6.1 A total of 14 responses were received by the close of consultation on the 13th

February 2015. Representations were received from the following organisations in table 1.

Table 1: List of Organisations with Representations to the Enfield CIL Draft Charging Schedule Response no.

Date Received

Organisation Contact Name

01 16.12.14 Dudrich (Holdings) Limited (LONSTO)

Rodger Dudding

02 04.12.14 Highways Agency Barbara Barnes

03 04.12.14 Marine Management Organisation Angela Gemmill

04 20.01.15 London & Quadrant Housing Trust Emma Osborne

05 19.01.15 Natural England Piotr Behnke

06 14.01.15 Savills on behalf of Thames Water Carmelle Bell

07 08.01.15 Theatres Trust Ross Anthony

08 21.01.15 GLA* Peter Heath

09 21.01.15 London Fire & Emergency Planning Authority

Mel Barlow Graham

10 22.01.15 Epping forest Council Ian White

11 21.01.15 Environmental Agency Jane Wilkin

12 13.02.15 Dalton Warner Davis On behalf of IKEA*

Sally Miles

13 13.02.15 Turley on behalf of Hermes Real Estate

Joanne Clarke

14 13.02.15 Countryside Properties Rhian Powell

6.2 An * denotes those organisations which have stated in their representation that

they wish to be present at the CIL Examination. 6.3 The Council has not made any modifications to the Draft CIL Charging Schedule

after it was published.

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6.4 A summary of each of the responses received is attached in Annex F. 7 CONSULTATION ON THE CIL DRAFT REGULATION 123 LIST AND

DRAFT REVISED SECTION 106 SUPPLEMENTARY PLANNING DOCUMENT

7.1 Further to the consultation on the Draft Charging Schedule the Council produced a Draft Regulation 123 Infrastructure list and Draft Revised Section 106 Supplementary Planning Document. The consultation on these documents ran from the 12th March to 23rd April 2015.

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ANNEX A THE COMMUNITY INFRASTRUCTURE LEVY REGULATIONS 2010

(AS AMENDED)

Regulation 16 (2) Publication of a Draft Charging Schedule Statement of Representation Procedure

Notice is hereby given that Enfield Council has published its Community Infrastructure Levy (CIL) Draft Charging Schedule

The Council is seeking your views on the Charging Schedule and in particular the rates it proposes to charge for different types of development. Charges are proposed for residential, retail, financial and professional services, betting shops, restaurants and cafes, drinking establishments and hot food takeaways.

The period within which representations about the draft charging schedule must be made in accordance with regulation 17(2)(a) is from 3rd December 2014 to 5pm on 21st January 2015.

Representations about the draft charging schedule must be made to the following address:

Strategic Planning and Design Regeneration & Environment Department Enfield Council FREEPOST NW5036 EN1 3BR

Or e-mail: CIL@enfield.gov.uk

Representations may be made in writing or by way of electronic communications.

Persons making representations may request the right to be heard by the examiner; and representations may be accompanied by a request to be notified at a specified address of any of the following:

(i) that the draft charging schedule has been submitted to the examiner in accordance with section 212 of PA 2008,

(ii) the publication of the recommendations of the examiner and the reasons for those recommendations, and

(iii) the approval of the charging schedule by the charging authority.

For further information please contact the CIL Administration Team on 0208 379 3866

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ANNEX B THE COMMUNITY INFRASTRUCTURE LEVY REGULATIONS 2010 (AS

AMENDED)

Regulation 16 (1) Publication of a Draft Charging Schedule Statement of Fact

Enfield Council has published its Community Infrastructure Levy (CIL) Draft

Charging Schedule and relevant evidence for consultation from 3rd December

2014 to 5pm on 21st January 2015. The Council is seeking your views on the Charging Schedule and in particular the rates it proposes to charge for different types of development. Charges are proposed for residential, retail, financial and professional services, betting shops, restaurants and cafes, drinking establishments and hot food takeaways. Copies of the Community Infrastructure Levy (CIL) Draft Charging Schedule together with supporting evidence including the Infrastructure Delivery Plan, and an economic viability study are available for inspection at the following places: Enfield Council’s website: https://www.enfield.gov.uk/cil Enfield Council offices at the Civic Centre, Silver Street, Enfield, EN1 3XE between 8.30am-5pm Monday to Friday. (Please contact the Local Plans Team on 020 8379 3866, to arrange an appointment to view the documents). At the following libraries:

Mon Tues Weds Thurs Fri Sat

Angel Raynham

Closed 9-1 9-4 9-5 Closed Closed

Bowes Road Closed 2-7 Closed 2-7 Closed 9-5

Bullsmoor Closed 9-7 Closed 9-7 Closed 2-5

John Jackson Closed 9-7 Closed 9-7 Closed 9-5

Edmonton Green

9-7 9-7 9-7 9-7 9-5.30 9-5

Enfield Highway

9-7 9-5 Closed 9-7 Closed 9-5

Millfield House Library

8.30-8.30 8.30- 8.30

8.30-8.30 8.30-8.30 8.30-5.30 8.30-5.30

Enfield Island Village

3-7 11-5 Closed 1-7 Closed 1-5

Enfield Town 9.30-8 9.30-8 9.30-5.30 9.30-8 9.30-5.30 9.30-5.30

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Fore Street 9.30-7 9.30-5 1-7 Closed 9.30-5 9.30-5

Oakwood 9-6 9-6 9-6 9-6 9-6 9-5.30

Ordnance Road

9-8 9-8 Closed 9-8 9-5.30 9-5

Palmers Green is closed for planned refurbishment until Autumn 2015.

Ponders End Closed 9-7 9-7 Closed 9-5 9-5

Ridge Avenue 9-8 9-8 9-8 9-8 9-5.30 9-5

Southgate Circus

9-8 9-5 Closed 9-8 9-5.30 9-5

Winchmore Hill

9-8 9-7 9-6 9-6 9-5.30 9-5.30

Enfield Town Library is open Sundays 12pm – 4pm For further information please contact the CIL Administration Team on 0208 379 3866

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®

ANNEX C

Please reply to Joanne Woodward

Address as below

E-mail : cil@enfield.gov.uk

My Ref : CIL DCS Consultation

Your Ref :

Date : 3rd

December 2014

Dear Consultee,

Community Infrastructure Levy (CIL)

I write to tell you about the CIL Draft Charging Schedule that has been published by the Council for consultation between 3rd December 2014 and 21st January 2015.

CIL is the charge that local authorities can apply to new development in their area. The money collected from CIL will help to fund essential infrastructure needed to support planned growth in the Borough such as transport improvements.

CIL will only be payable on new additional floorspace above a certain size. CIL will not normally be payable on household extensions because these generally fall below the size threshold where a CIL would become payable.

Consultation on the Preliminary Draft Charging Schedule (first round of consultation)

took place from 7th June to 19th July 2013. The Council is now seeking your views on the Draft Charging Schedule and in particular the rates it proposes to charge for different types of development. Charges are proposed for residential, retail, financial and professional services, betting shops, restaurants and cafes, drinking establishments and hot food takeaways.

Ian Davis Director – Regeneration & Environment Enfield Council Civic Centre, Silver Street Enfield EN1 3XY Website: www.enfield.gov.uk

For help with this document, please contact the above officer who will be able to assist in line with our accessible information policy

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The period within which representations about the draft charging schedule must be made in accordance with regulation 17(2)(a) is from 3rd December 2014 to 5pm on 21st January 2015.

The CIL Draft Charging Schedule, the CIL Draft Charging Schedule Supporting Information document, the Infrastructure Delivery Plan Review 2014 and other supporting documents including an economic viability study and supplementary reports are available to view online at the Council’s website www.enfield.gov.uk/CIL .

Copies of these documents are available for viewing at the Civic Centre (Main Reception) Silver Street, Enfield EN1 3XA between 9am and 5pm and at all local libraries during normal opening hours.

CIL “drop in” sessions are to be held at the Civic Centre on the following dates where

officers will be available to answer your questions:

17th December 2014, 4pm – 7.30pm, Place Shaping Room, Enfield Civic

Centre.

7th January 2015, 10am – 1pm, Place Shaping Room, Enfield Civic Centre.

How to comment:

All comments to the CIL Draft Charging Schedule should be made in writing and sent:

• By email to: CIL@enfield.gov.uk

• By post to: Strategic Planning and Design Regeneration and Environment Enfield Council FREEPOST NW5036 EN1 3BR

We look forward to hearing from you: please send your comments to us by 5pm on

Wednesday 21st January 2015. For further information please contact CIL@enfield.gov.uk or call us on 020 8379 3866.

Yours faithfully

Joanne Woodward Head of Strategic Planning & Design

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ANNEX D

COMMUNITY INFRASTRUCTURE LEVY (CIL) for ENFIELD

Draft Charging Schedule Consultation The Council is consulting on its Draft Charging Schedule from 3rd December 2014 to 21st January 2015. CIL is a standard developer charge payable on developments with new additional floorspace above a certain size. The rates contained within the Charging Schedule (summarised below) have been informed by an independent economic viability study.

The money collected from CIL will help to fund essential infrastructure, like highway improvements needed to support planned growth in the Borough. The Infrastructure Delivery Plan (IDP) forms part of the evidence base to support CIL charging. The draft IDP was reviewed after consultation in 2013, and was finalised this year.

Table 1: Proposed Residential CIL Charging Rates

(Boundaries illustrated on map overleaf)

Zone Rate

Meridian Water Masterplan area Nil rate

Lower rate

Eastern corridor (to include the following Wards: Turkey Street, Enfield Lock, Enfield Highway, Southbury, Ponders End, Jubilee, Lower Edmonton, Upper Edmonton, Edmonton Green, Haselbury and parts of the Bush Hill Park and Chase Wards).

£40 per square

metre.

Intermediate rate

Area south of the A406 and A110 Bowes Road, Bowes Ward and part Southgate Green.

Enfield Town (with parts of adjacent Chase and Highlands Wards).

£60 per square

metre.

Higher rate

Remainder of the Borough.

£120 per square

metre.

Table 2 : Proposed Non Residential and Commercial CIL Charging Rates

Retail (A1), financial and professional services including betting shops (A2), restaurants and cafes (A3), drinking

A borough wide rate of £60 per

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establishments (A4) and hot food takeaways (A5). square metre.

All other uses – (including offices, industrial, hotels, leisure facilities, community and other uses).

£0 per square metre.

CIL and Section 106 CIL, once adopted, will largely replace Section 106 for items on the CIL Regulation 123 Infrastructure list. Developer contributions will continue to be sought for on-site remediation and affordable housing. The Council’s Section 106 Supplementary Planning Document (SPD), adopted November 2011, is being revised and will be subject to further consultation in early 2015. Mayoral CIL In accordance with Regulation 10 of the Community Infrastructure Levy Regulations 2010 (as amended), Enfield Council is a collecting authority for the Mayoral CIL. This is currently set at a level of £20 per square metre (as adjusted for inflation) and will be levied in addition to the Enfield Council CIL rates expressed above. Next Steps

CIL Draft Charging Schedule consultation: 3rd December 2014 to 21st January 2015

Examination in Public - spring 2015

Adoption of CIL – summer 2015 Further Information The Draft Charging Schedule and supporting documents can be viewed on the Council's website www.enfield.gov.uk/CIL from the start of consultation or contact Strategic Planning & Design team on 020 8379 3866 Figure 1: Proposed Residential Charging Zone Boundaries

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ANNEX E

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ANNEX F

Community Infrastructure levy (CIL)

Responses to consultation on the Community Infrastructure Levy: Draft Charging Schedule (3rd December 2014 – 13th February 2015)

Ref

Consultee

Issues raised

01 Dudrich Holdings Ltd – Lonsto Intl

Concern raised regarding developers absorbing additional costs of CIL (and S106) which is then passed onto the purchaser as developers seek to make back the money that they have paid in CIL. As a result, ‘affordable housing’ is becoming increasingly less ‘affordable’.

02 Highways Agency

No comments

03 Marine Management Organisation

No comments

04 London & Quadrant Housing Trust

Supports the Council’s emerging CIL policy, and in particular the introduction of a nil rate charge in the Meridian Water Masterplan area which they anticipate will incentivise development and encourage proposals to come forward. CIL will increase the viability of these schemes bearing in mind the costs associated with developing brownfield former industrial land.

05 Natural England

No specific comments to be made on the draft CIL charges but have made general comments. Natural England view CIL as playing an important role in delivering the strategic approach outlined in NPPF paragraph 114 which states that, “local planning authorities should set out a strategic approach in their Local Plans, planning positively for the creation, protection, enhancement and management of networks of biodiversity and green infrastructure.” We view CIL as playing an important role in delivering such a strategic approach.

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Ref

Consultee

Issues raised

Council should consider how the role of CIL will meet this strategic aspect of the NPPF. In the absence of a CIL approach to enhancing the natural environment, we would be concerned that the only enhancements to the natural environment would be ad hoc, and not deliver a strategic approach, and that as such the local plan may not be consistent with the NPPF.

06 Thames Water (Represented by Savills)

Water and wastewater infrastructure buildings should be exempt from payment of CIL as the nature of such infrastructure buildings has no impact on other forms of infrastructure requirements e.g. schools, open spaces and libraries. Water and wastewater infrastructure buildings appear to fall under, “All other uses”, which have a Nil charge and which Thames Water support. Council should consider using CIL contributions for enhancements to the sewage network beyond that covered by the Water Industry Act and sewerage undertakers e.g. by proving greater levels of protection for surface water flooding schemes.

07 Theatres Trust Supports proposed Nil rate charge for ‘all other uses’ which will cover community and cultural facilities in the Borough Community and cultural facilities should be funded by CIL, rather than help fund CIL, given the role they play in supporting the social and cultural wellbeing of the local community

08 GLA – Mayor’s Response

CIL proposals will not put at risk the objectives and policies in the London Plan

09 London Fire & Emergency Planning Authority (LFEPA) (Represented by Dron & Wright

The charging schedule includes a Borough wide nil levy for ‘All other uses’ (under which category a new fire station would fall). Support is given for this due to fire stations role as community safety facilities Noted amendments to the Infrastructure Delivery Plan Review 2014 – though further amendments are required to paragraph 4.8.2 in order that it reflects the true position in relation to the existing provision and assessment of future needs of the fire service.

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Ref

Consultee

Issues raised

Property Consultants)

Request that firefighting facilities are added to the Borough’s Draft Regulation 123 List

10 Epping Forest District Council

No comments

11 Environment Agency

We are pleased that our previous comments have been taken on board in the Infrastructure Delivery Plan Review 2014. We have the following updates in relation to infrastructure projects. We are in the final stages of completing an investigation into the viability of a flood alleviation scheme for Pymmes Brook. The outcome of this investigation is that we cannot justify a scheme. This project will therefore need to be removed from the EA project priorities and Regulation 123. Recommend including an overarching “flood defences scheme” on the Regulation 123 List in order to ensure their eligibility for CIL – would allow the opportunity for Environment Agency to seek CIL monies if a unique opportunity presented itself in the future where they felt CIL was the preferable option to pursue contributions from developers.

12 IKEA Property Investments Ltd. (Represented by Dalton Warner Davis)

Meridian Water: Welcome that residential rates in Meridian Water Masterplan Area are zero rated. Policy CL17 of the Central Leeside Area Action Plan identifies that residential development within the Meridian Masterplan Area will be subject of a financial contribution towards infrastructure requirements secured as a planning obligation. Advocate that any social, community and transport infrastructure required to facilitate regeneration of Meridian Water should be covered effectively within the Regulation 123 List. Greater clarification required to understand the financial implications on any development proposals within the area The Regulation 123 List should inform the CIL schedule rates.

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Ref

Consultee

Issues raised

Ancillary Car Park Facilities Undercroft and multi-storey car parking should be zero rated and specified as having a zero levy rate within the charging schedule for the avoidance of doubt. It would prejudice the best and efficient use of land if these forms of ancillary car parking were including within the gross internal area of commercial floorspace (employment, retail sui generis uses) for CIL charging purposes, and would fundamentally impact upon the viability of potential schemes coming forward in Enfield An inspector in his report on the examination for the draft Barnet CIL Charging Schedule acknowledged the concerns outlined above and recommended that CIL charges on car parking space should be excluded and this charge was supported by Barnet Council. Conclusion

Consideration will need to be given to the Regulation 123 List and the associated Section 106 SPD when finalising the CIL Charging Schedule

Amendments requested to reflect that ancillary car parking is zero rated within the proposed CIL Charging Schedule

Request right to be heard by appointed examiner at the examination into the Charging Schedule.

13 Turley, on behalf of Hermes Real Estate Investment Management Ltd

Development is becoming increasingly difficult through the increasing demands of property legislation, planning, availability of funding and now CIL. Enfield’s draft borough wide CIL charging schedule, coupled with Section 106 contributions and the Mayoral Crossrail CIL levy, means that large mixed-use development within London will be severely impacted upon and will become unviable in many cases, including strategic sites. Infrastructure Delivery Plan It is not clear in the consultation what infrastructure will be funded by CIL.

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Ref

Consultee

Issues raised

The connection between the needs generated by retail development specifically, and how the proposed CIL payment towards funding gaps will address these needs must be further explained. A Regulation 123 List specifying which existing Section 106 contributions will be funded by CIL is critical to providing additional clarity when pooling restrictions start to apply. Specific infrastructure requirements should only be identified where they are required to deliver development plan objectives, particularly relevant for areas falling outside of designated Area Action Plans and Regeneration Priority Areas. Lack of Evidence The CIL rates proposed for residential development are excessive and may put future growth in Enfield at serious risk. The higher levy of £120/m2 is not financially viable in certain areas for the following reasons: It is considered that the Viability Assessment Market Update Information Report (October 2014) is misleading in referring to a significantly improved market. Generally mixed picture across the Borough in terms of values and relative viability, particularly in relation the residential CIL rates proposed for the area designated as the 'remainder of the Borough' Insufficient evidence provided to determine how many schemes will be made unviable and that impacts are 'highly localised' Insufficient evidence provided to suggest that rates could go higher in terms of margins of viability. The future trajectory of the housing market is unpredictable; the disparity in residential charging rates will have an adverse impact upon feasibility and long term delivery of residential development within Enfield. The seven main scheme scenarios tested do not sufficiently account for high density residential-led mixed use schemes which incorporate retail floor space. The potential cumulative impact of the charging rates has not been

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Ref

Consultee

Issues raised

addressed; this is of particular concern for the ‘remainder of the Borough’ where both rates of £120/m2 (residential) and £60/m2 (retail floor space) can become chargeable. The Viability Information Report does not adequately assess the potential for significant housing delivery to take place cumulatively on existing sites in higher value areas. Enfield's Housing Trajectory and 5 Year Housing Supply acknowledges the importance of the conversion of office to residential development in contributing to housing delivery - this could result in additional floor space and the evidence base should assess the impact of CIL in viability terms. The evidence base needs to have incorporated a suitable variety of economic viability assumptions, adjusting the various assumptions as appropriate, and to undertake assessments for high density mixed use schemes in different locations across the Borough. Instalments Policy The Council should prepare and adopt an appropriate instalments policy in line with CIL Regulation 69B The draft instalments policy only allows for payments to be made across two instalments where there is a CIL liability of £500,001 or more. This may affect the viability of a scheme and needs to be adequately assessed. The policy should be revised to allow a greater number of instalment payments.

14 Countryside Properties – Alma Estate Regeneration

Countryside Properties were selected by the Council as the preferred developer for the Alma Estate regeneration project which is a complex scheme involving the redevelopment of around 700 existing dwellings currently located within poor quality, predominantly high-rise tower blocks. When complete the scheme will provide a total of around 990 new homes, including council owned social rented properties plus shared ownership homes.In addition, it is proposed to provide a new community centre, youth centre, low cost gym, retail units and a medical centre.

Concern with lack of flexibility in the CIL process for complex and phased schemes. Attempting to combine CIL and s106 would be complicated.

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Ref

Consultee

Issues raised

Concern with the level of the proposed CIL levy charge for the Ponders End area, when combined with the Mayoral CIL and potential s106 obligations. The proposed charges have not struck an appropriate balance between the desirability of funding infrastructure and the potential implications for economic viability, particularly estate regeneration schemes such as the Alma Estate. Amendments Sought to the Draft Charging Schedule A viability assessment report confirms that the proposed development cannot afford the proposed CIL rates for residential (£40/sqm) and retail (£60/sqm), and would therefore jeopardise the viability of the Alma Estate redevelopment, including the delivery of affordable housing. The Alma Estate should be identified as a specific zone subject to a nil-rate for residential and retail development. Planning policy guidance states that where a strategic site has a low or zero viability, the charging authority should consider setting a low or zero rate in that area. A confidential viability report has been submitted that demonstrates that the proposed development cannot afford in planning viability terms, the proposed local CIL rates for residential and retail development. This viability assessment demonstrates that the scheme is currently unviable and it is therefore proposed that a nil rate is set. The considerations that have justified Meridian Water as an area for zero-rate also equally applies to the Alma Estate: It is a key site within a regeneration area at Ponders End; it will deliver approximately 1000 dwelling including affordable housing plus a range of community facilities and the development will be commenced when the proposed CIL is in place. There are examples of strategic sites being identified for zero levy rates in other boroughs, and the same rationale used in the Woodberry Down example applies to the Alma Estate. These include:

The scheme is critical to the delivery of the Development Plan

Delivery of the Council’s commitment to residents

No scope for other policy requirements to “flex” to aid delivery – the delivery of 40% affordable housing is

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Ref

Consultee

Issues raised

written in the development agreement with the Council

Delivery of the Alma Estate cannot be delayed until viability improves. Normally the CIL charge is deducted from the land value paid for sites. For Alma if the land value is calculated as nil without applying the charge, then the CIL would become an additional cost undermining the scheme viability.

It is inequitable that the draft regulation 123 List only proposes road and rail infrastructure to be funded from CIL and all other forms of strategic infrastructure will be funded through the s106 regime. It is not clear how the CIL and s106 relationship will be balanced. Other comments Wording on payment instalments is not sufficiently clear and needs clarification. Support general approach for payment by instalments to be made available, in line with the instalments policy set out by the London Mayor in respect of the Mayoral CIL – but wording should be clarified to be less ambiguous. Ancillary car parking floor space should be excluded from residential floor space when calculating the CIL levy. Section 106 SPD and Regulation 123 List Object to proposed regulation 123 list identifying one project and assumption that the s106 would be retained for the majority of financial obligations and off site mitigation. Fail to see justification for excluding the majority of the borough’s infrastructure requirements from the regulation 123. It is not clear how approach will operate after April 2015, when pooling restrictions apply.

It is not clear how the Council will balance the relationship between s106 and CIL, particularly complex schemes like Alma Estate where off site mitigation measures may be required.