Community Infrastructure Levy consultation – deadline 10th December

From Clare Flowers MRTPI, Principal Planning Officer, Policy, Projects and Heritage Team

Dear LAT Chairs

Thank you for inviting me to come to your meeting on Wednesday.

I hope I passed on the message that we are at the beginning of a statutory process of bringing in a levy and the current consultation (on the consultation portal) is mainly focused on the proposed charging rates for new development and the zones for residential development charges.  As voluntary bodies whose activities benefit the area we are consulting with you. The consultation ends on 10 December.


Consultation on the proposed charges in your area


To find out what proposed zone your area is in see the maps on page 12 – 14 of the  Preliminary Draft Charging Schedule. To find out what the proposed charge is for new residential development in your zone see page 7 of the same document (it will either be £175; £150 or £75 per square metre of new residential development).  There is a minimum of 100sq m of residential development allowed before a CIL charge is applied so this does not usually affect household extensions. New units created which are under 100sq m will also be charged for, unless they are self-build or affordable housing units. If you have any comments on this document including the zones or charges then please let us know through the consultation portal. You will see that there are also proposed citywide charges for new purpose built student accommodation and retail.


Neighbourhood Portion


We talked about the neighbourhood portion of the levy which will only be available once the Levy is in place and has been collected for at least 6 months. Please see the timetable for CIL at the bottom of this email.


In localities without a parish/town council this is what the government says about the neighbourhood portion:


‘Communities without a parish, town or community council will still benefit from the 15% neighbourhood portion (or 25% portion, if a neighbourhood plan or neighbourhood development order has been made). If there is no parish, town or community council, the charging authority (in our case Brighton & Hove City Council will be the charging authority) will retain the levy receipts but should engage with the communities where development has taken place and agree with them how best to spend the neighbourhood funding. Charging authorities should set out clearly and transparently their approach to engaging with neighbourhoods using their regular communication tools eg website, newsletters, etc. The use of neighbourhood funds should therefore match priorities expressed by local communities, including priorities set out formally in neighbourhood plans.

The government does not prescribe a specific process for agreeing how the neighbourhood portion should be spent. Charging authorities should use existing community consultation and engagement processes. This should include working with any designated neighbourhood forums preparing neighbourhood plans that exist in the area, theme specific neighbourhood groups, local businesses (particularly those working on business led neighbourhood plans), and using networks that ward councillors use. Crucially this consultation should be at the neighbourhood level It should be proportionate to the level of levy receipts and the scale of the proposed development to which the neighbourhood funding relates.

Where the charging authority retains the neighbourhood funding, they can use those funds on the wider range of spending that are open to local councils (see ‘Can the levy be used to deliver Suitable Alternative Natural Greenspace?’, and regulation 59C). In deciding what to spend the neighbourhood portion on, the charging authority and communities should consider such issues as the phasing of development, the costs of different projects (eg a new road, a new school), the prioritisation, delivery and phasing of projects, the amount of the levy that is expected to be retained in this way and the importance of certain projects for delivering development that the area needs. Where a neighbourhood plan has been made, the charging authority and communities should consider how the neighbourhood portion can be used to deliver the infrastructure identified in the neighbourhood plan as required to address the demands of development. They should also have regard to the infrastructure needs of the wider area. The charging authority and communities may also wish to consider appropriate linkages to the growth plans for the area and how neighbourhood levy spending might support these objectives.’

(The above paragraph can be found using the following link to government guidance about spending Community Infrastructure Levy (CIL): This is the link I said I would supply you with at Wednesday’s meeting.)


In non-parished areas, the City Council will hold the funds, but will work with the local community to decide how to spend the money using the above government guidance including ‘priorities set out formally in neighbourhood plans’



Neighbourhood Plans and Neighbourhood Planning


We also discussed definitions of neighbourhood. Neighbourhood areas and neighbourhood forums are part of a national programme of neighbourhood planning – a way for local groups to take a lead on planning for the future of their area. In our city we have 4 Neighbourhood Areas. Please click through to the following link for more information about neighbourhood planning in Brighton & Hove:





Here is the timetable for introducing Community Infrastructure Levy:




Date Key Stage
Oct 2017 Publish Preliminary Draft Charging Schedule for eight week consultation following Committee resolution
Spring 2018 Following committee resolution, publish for consultation:

  • Draft Charging Schedule (revised following PDCS consultation);
  • Proposed draft annex update to Developer Contributions Technical Guidance intended to operate alongside a CIL Charging Schedule; and
  • Draft CIL Regulation 123 List to identify infrastructure eligible for CIL spending
Autumn 2018 Examination of Draft Charging Schedule and supporting documents
Spring 2019 Adopt CIL charging Schedule following a resolution of Full Council



To conclude, we are not at the stage in the process where there are many concrete answers to specific questions that may arise around the neighbourhood portion.


Like many regulated systems CIL will take a couple of years to bring forward and the amount to be returned back to each neighbourhood is still unclear. For example the proposed charging schedule amounts may be changed as a result of the consultations or by the planning inspector who oversees the examination in public; the local portion returned will be dependent on how much development actually occurs within that area; neighbourhoods may decide to come together and form new neighbourhood areas or forums and create a Neighbourhood Plan; and work is required to understand what local infrastructure communities will prioritise in relation to the sums provided.


I hope this goes some way to make the issues clearer.



Kind Regards


Clare Flowers MRTPI

Principal Planning Officer

Policy, Projects and Heritage Team

City Development and Regeneration

Brighton & Hove City Council

Tel: 01273 290443


Please note that this is an informal officer opinion only and does not prejudice the decision of the Local Planning Authority on any future planning resolution.


LAT Open meeting November 15th – “History of London Road” #Brighton

Each year we hold a meeting showcasing one aspect of London Road or another. A few years ago we highlighted all the positive improvements that were in the offing – like the Level, the redevelopment of the former Co-op, Providence Place gardens etc.  All of these are now in place.


This year we looked at the history of London Road with Dr Geoffrey Mead.

Our speaker writes: London Road has undergone rapid change recently. It used to be a family shopping street until the late 1980s, then it spiralled down to become a rather seedy area by the Millennium, but now is on the upturn! The Open Market, The Barrows, New England Quarter, The Level, all testify to this. We also have a range of individual shops and ethnic outlets blossoming in London Rd itself. This talk looks at some of the historic background to the area and the resurgence of these last few years.


Geoffrey Mead pointing out detail on a presentation slide

The eminent popular local historian took us on an illustrated virtual tour of London Road. He started by referring to very old maps which showed the Anglo-Saxon field system of Brighton. Even today our streetscape matches these ancient angular boundaries – e.g. Baker Street, Oxford Street, North Laine.

7-8 London Road 1912

7-8 London Road 1912

He showed us how the beautiful front gardens of fashionable residences were encroached on by street-widening for trams. Older buildings which protruded were knocked back when the trams needed more space to turn a corner – hence the newer (Victorian) buildings on corners, such as the Hobgoblin, and Presuming Ed.

He also charted the rise and fall and rise of Marks and Spencer’s and Sainsburys and the Open Market in their different incarnations along London Road.

Thanks to all who attended, and thanks to Geoffrey Mead for a fascinating presentation.



A new “myth” for London Road #Brighton – a stone circle

Five student members of “The Brighton School” have created a new “myth” for London Road in the form of a mysterious stone circle.

The 40 stones have been implanted in the London Road area in various places many of which are visible to curious passers-by.

The stones were orginally unused stone slabs adjacent to St Peter’s church, near the taxi rank. They were about to be thrown away – but have now been reused for this new idea.

Where stones have been re-sited on private land the landowner is under no obligation to display the stones, or to keep them permanently – but we hope that many of the them will endure to form a long-term and intriguing monument.

Perhaps not as long-lasting as stone henge though.

It’s a bit different to the usual public art!


The students sent out an explanation to all the people whose land would be involved, see below:



The project was Funded partly by European money – via Recreate by INTERREG, the European Regional Development Fund plus Section 106 money from local development.

More details at or

Study Group development plans – near #Brighton station – on display 3,4 June

We have received the following invitation from Bellerby’s College (very near Jury’s Inn)

We are actually holding the public exhibition the week after you suggested we meet, and we would very much like you and members of LAT to come along.


As you know, Study Group has been working with development partner, Gilltown, and Aros Architects to bring forward proposals for a new building, for Bellerbys College, at the junction of Blackman Street and Station Road with Cheapside, to allow for their expansion in Brighton.


The exhibition will be held at Bellerbys College, Billinton Way, Brighton, BN1 4L, between 4pm and 7pm on Wednesday 3rd June and Thursday 4th June. I have enclosed a copy of the newsletter, which is being distributed to local households and businesses – please feel free to pass this on to any members/neighbours you think would be interested


The exhibition will give you an opportunity to view and comment on the proposals prior to the submission of a planning application to Brighton City Council; we hope to involve the community throughout the process, in particular local stakeholders, businesses and our close neighbours


Wetherspoons planning application was refused 22nd May 2015

The details can be seen on the council website – the first paragraphs of which are cut and pasted below


Application number: BH2015/00676

To view additional details or documents or to make online representations/comments, please click the appropriate tab below (registered applications only).
Guide to measuring/scaling from plans

This application is subject to conditions or refusal reasons.

Address: 94-103 London Road Brighton
Description: Change of use of unit from retail (A1) to public house (A4).
Application type: full planning
Development type: change of use
Received date: 26 February 2015
Valid date: 30 March 2015
Registered date: 9 April 2015
Ward: St. Peters And North Lane
Decision date: 22 May 2015
Decision: REFUSED
Applicant: J D Wetherspoon PLC
The Wethercentre
Reeds Crescent
WD24 4QL
Agent: K D Paine & Associates Ltd
Adur Business Centre
Shoreham by Sea
West Sussex
BN43 5EG