CIL and Thames Basin Heath SPA Mitigation
CIL is the main mechanism for collecting SANG monies. Further guidance is provided in section 6 of the Thames Basin Heaths Special Protection Area Avoidance Strategy SPD. Strategic Access Management and Monitoring (SAMM) monies cannot be collected through CIL but are required in addition to SANG. Even if your proposal is Class C2 (Residential Institutions) or Class C4 (House in Multiple Occupation), i.e. not liable for CIL, you will still be required to pay SAMM monies.
The charges for SAMM are given below and you can either:
- pay up front at the time of the application
- submit a unilateral undertaking (there will be an additional legal fee of £300) and pay on commencement
Number of bedrooms | SAMM charge | Tariff |
---|---|---|
1 | 1.40 | £558.07 |
2 | 1.85 | £737.45 |
3 | 2.50 | £996.55 |
4 | 2.85 | £1,136.07 |
5+ | 3.70 | £1,474.89 |
To enable delivery of new residential units that are not CIL liable but nonetheless include a net increase in residential units the Council will require such development to contribute toward the cost of the ongoing management and maintenance of SANG through a Unilateral Undertaking. This is to meet the requirements of the Conservation of Habitats and Species Regulations 2017 (or as subsequently amended). The Council will levy a contribution of £112.50 per square metre for the residential floorspace created. This is the management and maintenance cost of SANG.
The types of development affected include:
- Change of use to Residential use through the Prior Approval process under the General Permitted Development Order 2015 (or as subsequently amended);
- Self/custom build homes;
- Affordable Housing and Starter Homes as defined in the National Planning Policy Framework (NPPF);
- Applications where less than 100sqm residential floor space is created;
- Conversions to residential use from other use classes (as set out in the Town and Country Planning Use Classes Order), through planning permission, where not CIL liable;
- Conversions to a C2 use where the development may be considered to give rise to likely significant effect to the SPA.
For residential conversions within use class C3 (Residential) and C4 (Houses of Multiple Occupation), where no additional floorspace is created but the overall number of units increases, avoidance measures must also be provided through the allocation of SANG, with contributions charged as set out in paragraphs 6.7-6.10 of the Thames Basin Heaths Special Protection Area Avoidance Measures Supplementary Planning Document (2019). The development types above may not form an exhaustive list of residential developments providing net additional units that are not CIL liable. The Council will seek appropriate SANGs contributions for any other residential development types that are not CIL liable but are required to provide avoidance measures for their impact on the Thames Basin Heaths Special Protection Area.
For applications that are not CiL liable, contributions will be through a Unilateral Undertaking. Applicants should contact the relevant planning office who will instruct legal to draw up the Unilateral Undertaking.
Important: You are strongly advised to check with the Council before submitting a planning application for any residential development as to whether there is SANG capacity available. If capacity is available on validation of a submitted planning application for dwellings, then the Council will seek to assign capacity to the application. In the event that the application is refused planning permission the SANG capacity assigned will be withdrawn. If an application is appealed and capacity is available at the time the appeal is submitted then capacity will be re-assigned. If no capacity is available then an Inspector will need to have regard to the SANG situation at the time the appeal is heard.