Community infrastructure levy (CIL)
Our response to Coronavirus Pandemic (April 2020)
Due to the Coronavirus pandemic and further announcements of a pause on most of the construction industry and a halt to property sales, together with questions being raised about payment of CIL, we have considered the implications and now propose the steps detailed below to support development.
For the interim, in respect of CIL income, we will address each CIL instalment due over the next 30 days on a case-by-case basis and request that developers contact us to discuss matters individually.
The steps below will be taken by the Council to support development.
Further advice will be provided as legislative guidance is issued by government.
- Where development has already commenced, CIL demand notices will be re-issued to allow for a 3 month extension to the next instalment due date, if the instalment due falls between 30 March - 30 June 2020. Subsequent outstanding instalments will also be deferred by 3 months.
- Where development has already commenced and the next instalment is due on or after 1 July 2020, no extensions will be granted at this time.
The above position will be continually reviewed and any further extension to instalment payment periods will be communicated.
Please note, it will take time for demand notices to be re-issued but confirmation will be provided by email in the first instance.
- An individual, case by case review of late payment interest and surcharges will be made and a pragmatic approach adopted to support customers in these circumstances.
- CIL debt recovery will largely be paused for 3 months and will be reviewed towards the end of June 2020 with a view to extending this position if required.
The S106 and CIL Monitoring Team are currently working remotely and therefore remain available to support developers.
If you need to contact us, please call 01772 906109 or email email@example.com.
About the Community Infrastructure Levy (CIL)
The Community Infrastructure Levy (CIL) is a levy that local authorities in England and Wales can choose to charge on new developments in their area.
The money raised from the CIL can be used to support development by funding infrastructure that the council, local community and neighbourhoods want, like new or safer road schemes, park improvements or a new health centre.
Main points to note
Please read our, which addresses any queries or advice on liability of CIL. details CIL charges and developments to which they apply.
identifies infrastructure CIL pays for under Regulation 123 of the Community Infrastructure Levy Regulations 2010 (as amended).
A CIL payment is liable on any development that involves new buildings or extensions of 100 sq metres or more of gross internal floor space or that involves the creation of an additional dwelling even when that is below the 100 sq metre threshold.
Any floor space in existing and/or demolished buildings on a site will normally be deducted from the total liable for CIL.
However, to qualify for this the existing/demolished floor space must have been in continuous lawful use for at least 6 months in the 3 years preceding the day on which the planning permission first permits the chargeable development. It is for applicants to demonstrate that this requirement has been met.
Applicants need to provide us with sufficient information at the time when a planning application is submitted to enable us to determine whether the development is liable to pay the levy and to estimate the amount of CIL chargeable.
This information should be provided on the CIL Additional Questions form with accompanying guidance which can be found on the Planning Portal website.
Applicants should be aware that it is an offence for a person, knowingly or recklessly, to supply information which is false or misleading in a material respect to a collecting authority in response to a requirement under the Community Infrastructure Regulations 2010 (as amended).
A person guilty of an offence under these Regulations may face unlimited fines and/or up to 2 years imprisonment.
What happens after granting planning permission
We will issue a Liability Notice setting out the estimated CIL charge.
We will calculate the actual CIL chargeable at the date when the planning permission first permits development. In the case of a full permission this will normally be when all pre-commencement conditions have been discharged.
In the case of an outline permission it will be when the last reserved matter has been approved either for the whole development or, if the development is phased, for that particular phase. Before then the applicant must tell us who is liable to pay the CIL by submitting an Assumption of Liability Notice.
Failure to do so will result, by default, in liability falling on the owners of material interest in the land and surcharges will be applied.
You must provide us with the date development commences by submitting a Commencement Notice. We will then issue a Demand Notice.
The Council has approved an Instalment Policy for the payment of CIL. In certain circumstances there may be exemption or relief from paying CIL.
Details of these, of the procedures for general consent cases and for appeal procedures are set out in the.
Community Infrastructure Levy documents