Penny O'Shea Consulting
Examinations of Community Infrastructure Levy Schedules
The Planning Act 2008 requires LPAs who wish to introduce CIL to have their proposed CIL schedule scrutinised by an independent examiner. In contrast with Development Plans, the examiner is appointed directly by the LPA, rather than by the Secretary of State; they must simply "appoint someone who, in the opinion of the authority - a) is independent of the charging authority, and b) has appropriate qualifications and experience." (s212 of the Act)
The examination
As set out in PPG, the examination will assess whether:
- the authority has complied with the requirements set out in the Planning Act 2008 and the CIL Regulations
- the draft charging schedule is supported by background documents containing appropriate available evidence
- the charging authority has undertaken an appropriate level of consultation
- the proposed rate(s) are informed by, and consistent with, the evidence on economic viability across the authority's area, and
- evidence has been provided that shows that the proposed rate(s) would not put overall development in the area at serious risk.
In some cases, Penny O'Shea can also be engaged as the programme officer for the examination.
The examiner
Terry Kemmann-Lane has extensive experience in government and the private sector. He now runs his own planning consultancy.
For many years he was a principal planning inspector, holding major public inquiries and hearings, as well as playing a substantial role in the management of the Planning Inspectorate. Alongside his work for PINS he has been a consultant inspector for the Republic of Ireland and the Isle of Man governments.
Terry has examined 26 CIL schedules to date. A more detailed profile will be provided with quotations.
Terry Kemmann-Lane
JP DipTP FRTPI MCMI
Latest exam news
Jan 24 - Examiner approves Old Oak and Park Royal Development Corporation CIL schedule.
Costs
Our charges are based on a day rate, plus travel and accommodation expenses related to a hearing (where one is required). In most cases, we are able to provide a fixed or capped price quotation, following an initial assessment of the schedule.
To learn more
Whether you are ready to submit your schedule for examination, or just want to find out about likely costs and how to request a quotation, we'd be pleased to hear from you. All enquiries are entirely without obligation.