Please note that the content of this website is a point in time summary and is not intended to be prescriptive or final. Users are advised to check with the relevant bodies for the very latest status of all policy and guidance.
T9.2: Community Infrastructure Levy
The Community Infrastructure Levy (CIL) is a new charge which local authorities in England and Wales can choose to introduce to fund infrastructure in their areas. CIL can provide a top-up for local communities who wish to see additional facilities in their area such as roads, public transport, open space or health centres, although it will not replace the need for mainstream public funding. It can fund local and sub regional infrastructure and will be charged on most types of development. Local authorities can choose the CIL rate that they wish to set, but must set this out in a new legal document (a 'charging schedule') which is independently examined to ensure that it is evidence-based and appropriate for the local area.
CIL has been introduced as a fairer and more transparent mechanism, than S106, for the collection of more general contributions which do not have a close relationship to the application site. Consequently from 6th April 2014 or on the date that a charging authority’s first charging schedule takes effect, whichever is earlier, local planning authorities will no longer be able to seek more than five planning obligation contributions towards a single project/item of infrastructure that could be funded by CIL.
Moreover, since 6th April 2010, it is unlawful for a planning obligation to constitute a reason to grant planning permission unless it is:
- necessary to make the development acceptable in planning terms;
- directly related to the development; and
- fairly and reasonable related in scale and kind to the development.
The 2011 Amendments to the Regulations include allowing councils to set their own flexible payment deadlines and offer developers the option to pay the Community Infrastructure Levy by instalments, and removing the £50,000 minimum threshold for payments in kind, so charging authorities can accept a payment in kind in respect of any liability payable to them. Other amendments reduce administrative burdens on councils and developers, and make minor changes to clarify and correct the operation of the regulations.
Last Updated on Friday 20/04/2012 - 03:29PM