CIL is a levy that local authorities can adopt and apply to new developments in their area. The money generated from CIL will be used to support development by funding infrastructure such as schools and transport.
CIL is charged on eligible development and is calculated using the size and type of development that will be created.
On the 5th December 2017 it was agreed by Full Council to adopt the Community Infrastructure Levy Charging Schedule and the Regulation 123 List which sets out the elements which will be covered by CIL and Section 106 Agreements.
CIL will be implemented from 5th February 2018. This means that following this date, any eligible development which is granted planning permission on or after 5th February 2018 will pay CIL (in addition to any developer contribution required by local plan policy known as Section 106 Agreements).
The following types of development are liable to pay CIL:
Download the CIL process chart
Outline planning permissions granted on or after 5th February 2018 will be liable to pay CIL prior to starting development. As CIL liability is calculated at Reserved Matters stage there is no need to submit any CIL forms with the outline application.
Download all Community Infrastructure Levy forms
CIL Regulation 62(4) (as amended) states that CIL charging authorities must publish a report on the Council’s website by 31 December each year, for the previous financial year which sets out CIL receipts and expenditure for the reported year. This first CIL report therefore covers the period 1st April 2017-31st March 2018 and is available to download here
What is the relationship between CIL and s106 agreements(planning obligations)?
Reforms have restricted how planning obligations can be used however they will still be utilised to ensure that individual developments are acceptable from a planning perspective including specific requirements such as affordable housing quotas, road improvements, landscaping, health facilities and schooling.
The CIL is different in that it will support infrastructure in the area. Stipulations that are funded through any CIL charge will not be required as part of a S106 agreement.
What development will incur a CIL charge?
A development will be liable for CIL if it involves:
The charge is still applied to developments that are permitted through ‘general consent and permitted development.
A development will not be liable for CIL if it is:
The land owner is responsible for any levy for developments on their land, however any other party may pay the levy - the nominated party should come forward and declare liability for the development.
How do I pay the CIL charge?
The charge is calculated at £ / m² based on the net increase in the Gross Internal Area of the development's floor space.
The levy is ordinarily a monetary payment however in certain circumstances transfer of land to the authority may be accepted as payment - an 'In Kind Policy' will be available for these arrangements.
The CIL is exempt from VAT.
The CIL charge is calculated at £ / m² based on the net increase in the Gross Internal Area of the development's floor space.
To ensure levy charging rates respond to market conditions we will apply an annually updated index of inflation using the rate for 1st November (Q4) of the preceding year. (using BICS All Tender Index).
The CIL charge is due from the chargeable development commencement date.
After you have received planning permission we will provide you with a notice detailing the amount of levy charge that is due and how you can pay.
Unlike sS06 agreement contributions, for CIL charges there are no triggers for payment and monies can be spent without time constraint.
Late payments will incur surcharges.
If late payment or non-compliance is persistent we can issue a CIL Stop Notice or obtain court action for seizure of assets to pay any balance, or otherwise custodial sentences.
Yes, you may be eligible to receive relief for developments such as:
Further guidance will be available soon.
Any out line planning permission granted at 8th February 2018 will be liable for the CIL charge when the development is built. You will not need to submit any forms until you are ready to being your build.
For phased developments, each phase is treated as a seperate development and will have the relevant CIL charge calculated and applied at each reserved matters stage.
Potentially depending on the previous use of the building:
A CIL charge would be due if you were converting a building in to residential use (like a barn conversion) and it had not been in lawful use for a period of at least six months in the three years (up to the day planning permission is granted).
A CIL charge would be due if you were to change the use of a building not in lawful use to a supermarket or retail warehouse and there is an additional new build area of over 100sqm.
Yes, second homes are still residential dwellings and any development creating new build floor space may incur a relevant CIL charge if it is a permanent building.
No, under planning law mobile homes are not "permanent buildings" and therefore CIL does not apply for this type of structure.
No, provided no additional new build floor space is created there will be no charge for sub-dividing a single dwelling into two or more separate dwellings.
You pay the CIL charge for the entire area of the build including the threshold.
For example, if you were building a supermarket extension and the new floor area equated to 99sqm you would pay no charge, however if your new floor area equated to 101sqm you will pay CIL charge for the entire 101sqm.
Once the threshold is breached the entire development becomes chargeable.
If you were granted planning permission after the CIL Charging Schedule came into effect a CIL charge may be applied.
Even if you were waiting for a resolution planning permission is not formally granted until any resolution has been made and any S106 agreements signed where required therefore a CIL charge will still be incurred.
If a S73 application to vary or remove conditions is made after publication of the CIL Charging Schedule then a CIL will be incurred as the S73 approval results in a new planning permission.
However, the new additional chargeable amount is equal only to the net increase in the chargeable amount arising from the original planning permission.
If the application to vary a condition does not result in an increase in floor-space then there will be no charge.
As long as the extension of time meets Article 18 of the Development Management Procedure Order (for permission before before October 2010).
If the application dates after October 2010 then a new permission is required and therefore a CIL will be due.
As social housing is a residential development it will be still be liable for CIL, however it is also eligible for 100% relief as long as the housing is used as social housing for a minimum of seven years after development.
If the development ceases to be social housing before the end of the seven years a CIL charge may be incurred.
CIL charges will only be due for planning applications granted after 5th February 2018.
Any outline planning permission reserved matters that were granted prior to 5th February 2018 will also not be liable.