ADD2222 Community Infrastructure Levy Examination

Type of decision: 
Assistant Director's decision
Date signed: 
26 March 2018
Decision by: 
Juliemma McLoughlin, Chief Planner, Development, Enterprise and Environment

Executive summary

To help fund Crossrail 2, the Mayor is seeking to increase the rates he is allowed to charge under the CIL Regulations (2010) (as amended). To do so, he must undertake two rounds of public consultation, now completed, and hold an Examination in Public into his proposals. The Examination in Public must be run by a suitably qualified and experienced person, who is paid for by the authority. This ADD seeks funding approval to pay for that independent examiner. 



That the Assistant Director of Planning approves expenditure of up to £30,000 to pay for the independent examiner to undertake the Mayor’s Community Infrastructure Levy Examination in Public.


Part 1: Non-confidential facts and advice

Introduction and background

1.1    Under the Community Infrastructure Levy 2010 regulations (as amended), the Mayor is entitled to levy charges on development across London to fund the delivery of strategic transport infrastructure. This is the Mayor’s Community Infrastructure Levy (MCIL).

1.2    The Mayor has been very clear that he wants to amend the current MCIL charging schedule (in place since 2012) to help deliver Crossrail 2 (MCIL to contribute £4.5bn). To do this he must undertake two rounds of public consultation on his preliminary draft charging schedule and his draft charging schedule. He must then submit his proposals to an examination in public (EiP). In line with Government guidance that EiP must be run by an appropriately qualified and experienced examiner who runs the inquiry and then produces a report that either approves/modifies or rejects the Mayor’s proposals.

1.3    Having completed both rounds of public consultation, the Mayor wishes to appoint an independent examiner to undertake the examination in public.  The Mayor has stated on numerous occasions that he would like to introduce his revised charging schedule in April 2019. 

1.4    The Mayor would like to appoint an examiner from Intelligent Plans and Examinations (IPE), a consultancy that has independent examiners available to undertake examinations in public. IPE have indicated that they have a number of suitably qualified and experienced examiners available to hold this examination.  

Objectives and expected outcomes

2.1    Holding an examination in public is part of the statutory process for amending CIL charges. The examiner will hold the EiP and produce a report that either approves/modifies or rejects the Mayor’s proposals. Officers anticipate that the Examiner’s report will be acceptable to the Mayor so he can then proceed with adopting the new charges in order to help fund Crossrail2. 


Equality comments

3.1    Appointing an examiner is the necessary next step in updating the Mayor’s CIL charging rates. MCIL will make an important contribution to the delivery of Crossrail 2. Crossrail 2 will unlock multiple benefits for current and future Londoners – unlocking opportunities for affordable housing and improved accessibility to employment.  


Other considerations

a) key risks and issues 

4.1    The key issue is the need to appoint an independent examiner to hold the EiP. The new charging proposals cannot be introduced until there has been an examination in public.

b) links to Mayoral strategies and priorities
4.2    MCIL charges are estimated to contribute £4.5bn to funding Crossrail 2. Crossrail 2 is a key Mayoral priority. 

c) impact assessments and consultations.
4.3    This is a financial issue that does not require consultation.

Financial comments

5.1    Assistant Director’s approval is sought for expenditure of up to £30,000 to pay for the independent examiner to work on the draft MCIL charging schedule. This will be procured and contract managed by GLA Planning team and is to be fully funded by Transport for London. 


Planned delivery approach and next steps




Procurement of contract [for externally delivered projects]

April 2018

Announcement [if applicable]


Delivery Start Date [for project proposals]

May 2018

Main milestones – Holding EiP

September 2018

Main milestones – Issuing report

November 2018

Final evaluation start and finish (self/external) [delete as applicable]:


Delivery End Date [for project proposals]

December 2018

Project Closure: [for project proposals]

December 2018