Community infrastructure levy (CIL)
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
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.