Draft Community Infrastructure Levy (Amendment) Regulations 2018

Gareth Thomas Excerpts

Wednesday 24th January 2018 General Committees

[Dr Roberta Blackman-Woods (City of Durham) (Lab)]

It is a pleasure to serve under your chairmanship, Ms McDonagh. I welcome the Minister to his new role and thank him for outlining the purpose of the draft regulations. Although they are technical, they have clear implications for the money that communities will receive as a result of allowing development to proceed.

As the Minister outlined, the draft regulations are intended to provide clarification of the level of CIL to be paid after a section 73 amendment to a planning permission. They are specifically intended to clarify the rate of indexation that should be used, so that the same rate of the BCIS, or building cost information service, all-in tender price index—more on that later—is applied to the before-CIL and after-CIL calculation. These draft regulations seek to alter the calculation of CIL to be paid in cases where planning permission was granted before CIL was in place in a given area, but where CIL is in place when a subsequent amendment to a scheme is made under a section 73 permission. I add to what the Minister said that this is about the calculation applied. If that is not correct, it would be helpful to have that clarified.

Regulation 128A of the CIL regulations, which deals with this, is apparently not sufficiently clear. Paragraph 7.5 of the explanatory memorandum explains that it has been brought to the Government’s attention that there is a need for a change to that regulation, but it does not give the reasons, or the circumstances in which people had concerns about how the regulation was applied.

The draft regulations seem to state that the CIL to be paid is basically the difference between the original CIL that would have applied, had CIL been in place at the time of the original planning permission, and the new CIL rate to be applied under the section 73 amendment to the original permission. The Government are altering the regulations to ensure that same rate of indexation is used in updating the CIL level as applied to the original planning permission, so that an appropriate comparison is made. Presumably the intention is to reduce the amount of CIL that developers are required to pay. Although I understand the need for clarity, does the Minister accept that the change could have the overall effect of reducing the amount of CIL that can be levied?

Take the hypothetical example of a development given planning permission in 2015, before CIL was in place, and given permission for a section 73 amendment in 2016, after CIL had been introduced locally. The calculation applied is for CIL for the complete new development, which we will call B, minus the hypothetical CIL for the previously permitted development, which we will call A. If the BCIS all-in tender price index is increased from 2015 to 2016, the previously calculated figure for CIL using the index figure from 2015 for A, and the figure from 2016 for B, would be larger than the calculation as proposed by this instrument, which would use the index figure from 2016 for both the A and B calculations. The difference between them would be smaller, reducing the amount of CIL to be charged. I am really pleased that one of the officials is nodding; it is assuring me that I have this right.

Even if the indexation figure was lower from B than A, it still amounts to a reduction in the amount of money that can be levied under the new formula in this instrument. In fact, the BCIS figures show—I have the graph with me—that this has consistently gone up over the last number of years, but even if it did not, it is still using the same rate for both calculations, and that still reduces the amount that can be applied in CIL.

Has the Minister’s office run through any models of possible scenarios to calculate how big an effect this change might have on CIL revenues locally? I am sure that the Minister is aware that CIL is extremely important for local infrastructure, schools and roads, to support development. Endless tweaks to CIL over the last five or six years have often reduced its effectiveness in delivering resources to local authorities and their communities.

[Gareth Thomas (Harrow West) (Lab/Co-op)]

My hon. Friend asks a very pertinent question. In my constituency, Persimmon, which must be one of the worst developers in Britain, is treating my constituents with almost complete contempt. Those constituents are particularly worried about the lack of resources going to the local council from Persimmon to tackle the big problems with local infrastructure that will result from extra people using the roads and needing schools and hospitals.

[Dr Blackman-Woods]

My hon. Friend makes a really pertinent point. We have to bear in mind, when we think about CIL and changes to it, the impact not only on developers but on local communities, and the overall money available to support necessary infrastructure. We need to make sure that where possible, developers pay what they should under CIL. My question to the Minister is whether the impact of the change is being kept under review.

I also want to ask the Minister whether local authorities have to pay for access to the BCIS data. If so, is that a sensible use of public money? It was not clear to me whether that information was readily available to them in the calculation of CIL and the rates that now have to be applied, or whether they had to pay for it like anyone else.

It is not our intention to divide the Committee on this statutory instrument. However, I would like to hear the Minister’s response to my queries, for further reassurance.

--- Later in debate ---

[Gareth Thomas]

I want to ask the Minister a simple question. Is he going soft on developers? I ask that in the context—as my intervention on my hon. Friend on the Front Bench indicated—of the deep concern in my constituency about a development on the former Kodak site, where Persimmon has been leading the development of a large number of houses. Having put in a planning application some time ago, which secured the support of the local council, and which local residents had broadly come to terms with, Persimmon has taken the opportunity effectively to bully the council into agreeing to higher density on the site and is not treating local residents, whose property its site borders, with anything like the respect one would have hoped for from a major company. Residents are worried that there are not sufficient tools available to the Government and, crucially, to local councils, to hold big developers such as Persimmon to account.

I use the example of the situation I am having to deal with in my constituency, where Persimmon, backed up by lawyers, is saying to local residents that they are going to have to move their boundary fences to accommodate larger gardens for the new homes that Persimmon wants to build. Persimmon appears also to have exploited the Government’s lending guarantee scheme of late to force people to buy a leasehold on some properties, only not to offer a leasehold in other ways.

Will the Minister assure the Committee that this is not him going soft on developers and that he will ensure that bad developers, as Persimmon clearly is in this particular case in my constituency, can be brought to book by local councils? Will he show some sympathy to my constituents who face this terrible situation?

--- Later in debate ---

[Dominic Raab]

I thank the hon. Gentleman. I am not familiar with all the facts of the case. If he would like to write to me, I am happy to address them. I was simply making the point about the primary legislation. There ought to be cross-party support for an important mechanism to provide targeted investment where homes are needed.

The hon. Member for Harrow East—

[Gareth Thomas]

West.

[Dominic Raab]

I apologise—the hon. Member for Harrow West raised a local case. There are two points. Of course, I sympathise with the kind of situation he described in his constituency. We are absolutely not going soft on developers, although, frankly, I am not really sure I buy into that whole hard-soft idea. We want a smooth, streamlined approach with maximum legal certainty so that we can provide the homes we need, and with respect for local democracy in our local communities, while ensuring that we get the targeted investment to support the infrastructure that goes with housing. That is how we carry constituencies with us, whether it is his, mine or any other across the country, as we go through that vital national mission of building the homes we need.