header-logo header-logo

03 February 2012 / Malcolm Dowden , Jen Hawkins
Issue: 7499 / Categories: Features , Media , Environment , Property , Technology
printer mail-detail

The digital divide

Should the community infrastructure levy fund superfast broadband, ask Malcolm Dowden & Jen Hawkins

As more local authorities adopt the community infrastructure levy (CIL) as part of their planning gain regime there are sharply diverging opinions on its use to fund the roll out of superfast broadband. These differences reflect the related difficulties of interpreting the legislation and of applying it to the particular economic conditions and aspirations of each area. Broadband provision may be a legitimate element of CIL in areas shown to be on the wrong side of the “digital divide”, but not in areas with sufficient existing or prospective commercial provision. The local authority’s decision must be based on robust evidence to avoid the risk of challenge.

CIL is a financial charge which local planning authorities are entitled (but not obliged) to charge on development in their area. The money raised is to be spent on local infrastructure. It replaces s 106 agreements as a means of capturing some of the land value released from planning permissions.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DAC Beachcroft—Clare Dewar

DAC Beachcroft—Clare Dewar

DAC Beachcroft strengthens Scottish real estate capabilitywith partner appointment

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson appoints Brendan Ryan as partner in Public Law Projects team

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers welcomes five new barristers

NEWS
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
back-to-top-scroll