New rules on developer contributions which help fund new roads, schools, play areas and other essential infrastructure have been published for consultation in a move to quicken the pace of housing delivery in England.

Financial contributions are required from developers where additional public infrastructure is needed to support the building of new homes, with the government’s Community Infrastructure Levy collecting almost £1 billion since it was introduced in 2010.

This is part of a package of reforms to address the lengthy and complex process of negotiation for councils that slows down the delivery of new homes, precisely at a time when more are needed.

This will ensure the infrastructure needs of communities are identified from the outset, saving time and allowing the provision of infrastructure to be costed in to projects at an early stage. It also seeks to increase the types of project that can benefit from the Community Infrastructure Levy, ensuring a wider range of community priorities are eligible to receive funding.

Launching the consultation Minister of State for Housing Kit Malthouse MP said:

Communities and developers must know that vital infrastructure needed to support new homes is going to arrive – even before a shovel hits the ground.

The billions of pounds already paid by developers has been critical in delivering the more, better, faster homes this country so desperately needs, but we must go further.

These reforms will make the system simpler, transparent and easy to understand and will accelerate the pace of homebuilding – it’s now up to housebuilders and residents to tell us what they think.

The draft measures, initially announced at the 2018 Autumn Budget, are part of the government’s wide-ranging programme of planning reform and targeted funding to deliver 300,000 homes a year by the mid-2020s.

The consultation takes forward new proposals that will:

• Introduce a new strategic infrastructure tariff, helping fund large-scale projects which benefit multiple communities falling under a combined local authority.
• Widen options on how contributions can be used by councils to benefit their residents, ensuring funds are spent on a wider range of local priorities.
• Increase certainty and transparency by requiring councils to publish details on what has been collected and spent, so communities understand the benefit of development.
• Ensuring the Community Infrastructure Levy responds to changes in land values, ensuring towns and village get the contributions they deserve when planning permission is granted.

These proposals follow on from of a wider package of reform set out in the new planning rulebook adopted in July 2018 – changing the way developer contributions make new homes a reality for the areas which need them.

It sets out that viability assessments are now hardwired into the local plan process, giving communities upfront certainty on the infrastructure investment needed in their area when land is initially earmarked for new housing.

Figures reveal that between 2016-17 around £5 billion was successfully secured from developers through Section 106 agreements to support local communities with new infrastructure and more affordable housing. Separately, the Community Infrastructure Levy has raised an additional £940 million for those areas which have adopted it since 2010.

The consultation will close to responses on 31 January 2019.

The Community Infrastructure Levy was introduced in 2010 and allows local planning authorities to raise funds from new development, to help fund infrastructure to support the development of their area.

So far, £940 million in levy receipts had been collected by authorities at March 2017.

A total of 227 (67%) English authorities are currently charging or progressing towards charging Community Infrastructure Levy.

Section 106 Agreements

Section 106 planning obligations are negotiated between a local authority and developer on a case by case basis.

In 2016-17, independent research estimated that local authorities negotiated £5 billion towards affordable housing and infrastructure through Section 106 planning obligations.

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Published 20 December 2018

The UK has reached an agreement with Switzerland which protects the rights of UK and Swiss nationals who have chosen to call each other’s countries home. This agreement protects the rights of 14,000 Swiss nationals living in the UK and 40,000 UK nationals living in Switzerland, as well as around 2,600 UK frontier workers in Switzerland. This agreement broadly mirrors the citizens’ rights part of the EU Withdrawal Agreement.

This means that UK and Swiss nationals living in each other’s countries at the end of the implementation period will be able to continue enjoying broadly the same rights as they do now. This includes arrangements on residency, access to healthcare, pensions and education, social security coordination and mutual recognition of professional qualifications.

The agreement will be subject to ratification processes in each of the relevant states, including Federal Council approval in Switzerland and the provisions of the Constitutional Reform and Governance Act (CRaG) 2010 in the UK. The agreement will be concluded before exit day and, alongside the EU Withdrawal Agreement, it will be legislated for through the EU (Withdrawal Agreement) Bill. However, the effects of international agreements with Switzerland will continue for the duration of the implementation period. This means that individuals will face no immediate changes in current rules. Swiss nationals living in the UK will be able to apply to the UK’s Settlement Scheme in the same way as EU citizens.

This agreement also applies in a ‘no deal’ scenario, in which case it would apply to UK and Swiss nationals living in each other’s countries before exit day.

The UK and Swiss governments issued the following joint statement on this announcement:

In light of the UK’s exit from the EU, Switzerland and the UK have been in discussions on a citizens’ rights agreement. The legal text of this agreement has now been finalised and agreed by both governments. This will ensure citizens can continue living their lives broadly as now, and secure the rights Swiss and UK citizens currently enjoy. We want to put in place new arrangements from the end of the implementation period to protect our historic relationships.

The UK has reached an agreement with Iceland, Liechtenstein and Norway which protects the rights of our citizens who have chosen to call each other’s countries home, as well as resolving a small number of other issues arising from the UK’s exit from the EU. This agreement largely mirrors the Withdrawal Agreement agreed with the EU.

This means that UK and EEA EFTA citizens living in each other’s countries at the end of the implementation period will be able to continue enjoying broadly the same rights as they do now. This includes arrangements on residency, healthcare, pensions and education, social security coordination and mutual recognition of professional qualifications. Over 15,000 nationals from EEA EFTA countries living in the UK and approximately 17,000 UK nationals living in the EEA EFTA countries will benefit from these arrangements.

As these countries participate in the single market and other EU-led initiatives, this agreement will mirror a small number of the other relevant separation issues that we have agreed with the EU in the Withdrawal Agreement. The separation issues covered by this agreement are: arrangements on goods placed on the UK or EEA EFTA markets, intellectual property, ongoing police and judicial cooperation in criminal matters, data protection, public procurement, and ongoing judicial procedures. This is significant, given that total UK trade with the EEA EFTA states amounted to almost £30bn in 2017.

The agreement will be concluded before exit day and, alongside the EU Withdrawal Agreement, it will be legislated for through the EU (Withdrawal Agreement) Bill. However, the rights and obligations of the EEA Agreement and other international agreements with these countries will continue to apply to the UK for the duration of the implementation period. This means that businesses and citizens will face no immediate changes in existing rules. EEA EFTA nationals living in the UK will be able to apply to the UK’s Settlement Scheme in the same way as EU citizens.

In the unlikely event of ‘no deal’ with the EU, the UK would still pursue a citizens’ rights agreement with the EEA EFTA states. We are discussing this with the EEA EFTA states. In any scenario, EFTA nationals will be able to stay in the UK post-exit.

The Governments of the UK, Norway, Iceland, and Liechtenstein issued the following joint statement on this announcement:

We are pleased to have reached this agreement. It will protect the rights of our citizens as the UK leaves the EU, and it will provide certainty to businesses. We want to put in place new arrangements from the end of the implementation period to protect our historic relationships, including in the area of trade.

The UK has reached agreements with Iceland, Liechtenstein and Norway and with Switzerland to address separation issues including protecting the rights of our citizens who have chosen to call each other’s countries home.

The Swiss deal protects the rights of the 40,000 UK nationals living in Switzerland, 14,000 Swiss nationals living in the UK, and around 2,600 UK nationals who frontier work into Switzerland (mainly from other EU Member States). Their rights will also be protected in a no deal scenario.

The EEA/EFTA deal protects the rights of the 17,000 UK nationals living in the EEA EFTA states and 15,000 EEA EFTA nationals living in the UK. We are discussing no deal arrangements with the EEA EFTA states.

The separation issues covered by this agreement are:

• Arrangements on goods placed on the UK or EEA EFTA markets

• Intellectual property

• Ongoing police and judicial cooperation in criminal matters

• Data protection

• Public procurement

• Ongoing judicial procedures

This is significant, given that total UK trade with the EEA EFTA states amounted to almost £30bn in 2017.

In a joint statement, the Governments of the UK, Norway, Iceland, and Liechtenstein said:

We are pleased to have reached this agreement. It will protect the rights of our citizens as the UK leaves the EU, and it will provide certainty to businesses. We want to put in place new arrangements from the end of the implementation period to protect our historic relationships, including in the area of trade.

In a joint statement, the UK and Swiss governments said:

In light of the UK’s exit from the EU, Switzerland and the UK have been in discussions on a citizens’ rights agreement. The legal text of this agreement has now been finalised and agreed by both governments. This will ensure citizens can continue living their lives broadly as now, and secure the rights Swiss and UK citizens currently enjoy. We want to put in place new arrangements from the end of the implementation period to protect our historic relationships.

EEA EFTA and Swiss nationals who want to stay beyond the end of the implementation period will be apply to the UK’s Settlement Scheme in the same way as EU citizens, and will need to do so by June 2021.