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MHCLG consultation on reforming developer contributions - Law Society response

24 January 2019

The Law Society has responded to the Ministry of Housing, Communities and Local Government's technical consultation on draft regulations to reform developer contributions.

The government announced a package of reforms to the system of developer contributions in the 2017 Autumn Budget in response to the Community Infrastructure Levy Review.

These reforms complement changes to the assessment of viability in the National Planning Policy Framework, and aim to make the system of developer contributions more transparent and accountable by:

  • reducing complexity and increasing certainty for local authorities, developers and communities
  • supporting swifter development
  • improving the market responsiveness of the Community Infrastructure Levy
  • increasing transparency over where developer contributions are spent, and
  • introducing a new tariff to support the development of strategic infrastructure.

We support much of the substance of the draft regulations.

The consultation looked at proposed reforms to the system of developer contributions - primarily the Community Infrastructure Levy Regulations 2010 (as amended) and section 106 planning obligations.

This was a technical consultation seeking views on the draft regulations, rather than a consultation on the principles of the amendments.

We have, therefore, for the most part confined our comments to the draft Regulations alone, save where we have recommended that the amendments could usefully be supplemented by updated policy guidance (which the consultation contemplates being published in due course).

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