Representations Guidance note
This guidance note is to help you make a formal representation on the Great Yarmouth Draft Community Infrastructure Levy (CIL) Charging Schedule. All representations must be received before before 23:59 on 31 January 2025.
Any representations received after this date may not be considered. Only representations received within this period have a statutory right to be considered by the appointed Examiner at the Examination.
Introduction
The Great Yarmouth Draft CIL Charging Schedule sets out Great Yarmouth Borough Council's rates of CIL that are to be charged (per square metre) on certain types of new development in the area for which it is the Charging Authority.
In setting its CIL rates in accordance with Regulation 14(1) of the Community Infrastructure Levy Regulations 2010 (as amended), Great Yarmouth Borough Council has identified an appropriate between:
- the desirability of funding from CIL (in whole or part) the estimated total of cost of infrastructure to support future development within the council area, taking into account other actual expected sources of funding
- the potential effect (taken as a whole) of the imposition of CIL on the economic viability of development across the charging area
Before a Council can adopt CIL for its area, it must first publish its draft CIL charging schedule and invite representations (comments) on it. The draft charging schedule must then be submitted to an independent Inspector to be appointed, alongside supporting documentation and those representations received on the draft CIL charging schedule.
The Inspector's role is to ensure that by introducing CIL the charging authority has complied with the relevant legislative framework and undertaken appropriate level of consultation; the draft charging schedule is supported by appropriate evidence; that the proposed CIL rate(s) are informed by evidence on viability across the charging authority's area; and, that evidence has been provided that shows that the proposed rate or rates would not undermine the deliverability of the Local Plan. In doing so, the Inspector will consider any formal representation received in relation to the draft CIL charging schedule and hold a public examination, either through public hearing sessions or through written representations alone. Following the examination, the Inspector will publish a report setting out their recommendations on whether the introduction of CIL would be appropriate and complies with the legislative requirements. If so, the Council can formally adopt CIL.
The Great Yarmouth Draft CIL Charging Schedule has now been published to receive representations on it before it is submitted for examination. This note has been prepared to help you make a representation on the draft CIL charging schedule should you wish to do so.
Data Protection
To ensure an effective and fair examination, it is important that the Inspector and all other participants in the examination process are able to know who has made representations on the CIL charging schedule. Therefore, any representations you may submit cannot be treated in confidence. The Council will publish names and representations on its website, but will not public personal information such as telephone numbers, email or private addresses in accordance with its Privacy Notice.
However, all personal information in the representations will be sent to the Council's Programme Officer (an external contractor) and Inspector(s). If an Inspector is appointed by the Planning Inspectorate, all personal information will be managed in accordance with their Privacy Statement. If an Inspector is appointed external of the Planning Inspectorate, the Council will accordingly update its privacy notice to reflect arrangements for managing personal data by the appointed Inspector.
By submitting a representation, you are accordingly confirming that you agree to this and accept responsibility for your comments.
General Advice
In your representation you should provide succinctly all the evidence and supporting information necessary to support your representation and your suggested modification(s). It will be helpful if you also say precisely how the charging CIL schedule should be modified.
You should not assume that you will have a further opportunities to make submissions. After this stage, further submissions may only be made if expressly invited by the Inspector, based on the matters and issues that they identify for examination.
Where groups or individual share a common view on the CIL charging schedule, it would be very helpful if they would make a single representation which represents that view, rather than a large number of separate representations repeating the same points. In such cases the group should indicate how many people it is representing and how the representation has been authorised.
Please consider carefully how you would like your representation to be dealt with in the examination: whether you are content to rely on your written representations, or whether you wish to participate in any hearing sessions. Only representors who are seeking a modification
Please consider carefully how you would like your representation to be dealt with in the examination: whether you are content to rely on your written representations, or whether you wish to take part in any hearing session(s). Only representors who making representations on the draft charging schedule have a right to be heard by the Inspector, if they so request. In considering this, please note that written and oral representation carry the same weight and will be given equal consideration in the examination process.