C O N T E X T 1 2 5 : J U LY 2 0 1 2 13 Community infrastructure levy A small (but potentially important) amendment to the community infrastructure levy is introduced by way of section 115 of the Act. This enables the levy to be used not only to fund or provide infrastructure but also on the improvement, replacement, operation or maintenance of existing infrastructure. This could be of considerable benefit to owners or managers of heritage assets who previously may not have been able to demonstrate that they were providing new infrastructure. It enables the levy to be spent on the costs of maintenance, operation or improvement of existing or historic infrastructure, where this is needed to support the development of an area. Neighbourhood planning The act gives new powers for communities to apply for their own neighbourhood development plans (forming part of the statutory development plans) and neighbourhood development orders (granting planning permission for specific development or for a type of development in the area). During the passage of the bill concerns were raised by heritage groups over the amendments to the Planning (Listed Buildings and Conservation Areas) Act 1990 contained in Schedule 12 of the Act.These would remove the normal requirements for decision makers to have special regard to listed buildings and conservation areas in the case of planning permission granted by way of neighbourhood development order. However, amendments to the final version of the act now require inspectors who ultimately determine applications for neighbourhood development orders to have special regard to listed buildings and conservation areas where such buildings (including their setting) or areas are affected, in much the same way as local planning authorities are required to do when determining applications for planning permission made in the normal way. Tom Deards is a lawyer working in the legal department of the Canal & River Trust.
RkJQdWJsaXNoZXIy MjgyMjA=