In accordance with Regulations 73, 73A, 73B and 74 of the Community Infrastructure Levy Regulations 2010 (as amended), the Council will allow the payment of CIL by land payments or infrastructure payments.
The CIL Regulations 2010 (as amended) allow the Council to accept full or part payment of a CIL liability by way of the transfer of land to the Council. The Council may also enter into agreements to receive infrastructure as payment. Such an approach has a number of benefits. For example, where the Council has already planned to invest levy receipts in a project there may be time, cost and efficiency benefits in accepting completed infrastructure from the party liable for payment of the levy. Payment in kind can also enable developers, users and authorities to have more certainty about the timescale over which certain infrastructure items will be delivered.
The payment of CIL via a Land Payment has been available from 1 June 2024, the date the 2024 CIL Charging Schedule came into effect.
The Council will accept the provision of any of the projects on the Infrastructure List (within the Infrastructure Funding Statement) in lieu of part or all a CIL payment which may be due.
CIL Payment in Kind requirements
In certain circumstances the Council may support the payment of some or all of your CIL requirement in the form of land. This will depend upon five conditions:
- The Council must agree to the transfer;
- The Council must have the intention of using the land to help provide infrastructure to support the development of its area;
- The person transferring the land to the charging authority as payment must have assumed liability to pay CIL beforehand;
- The land to be transferred must have been valued by a suitably qualified and experienced independent person to be agreed with by the Council. The valuation must represent the fair market price for the land on the day it is valued;
- Development on the site must not have commenced before a written agreement with the Council to pay some or the entire CIL amount in land has been made. This agreement must state the value of the land being transferred.
Where the payment of CIL by infrastructure provision is considered acceptable the Council will enter into an infrastructure agreement prior to the development commencing. This agreement will include the information specified in Regulation 73A.
The agreement to pay in land may not form part of a planning obligation entered into under Section 106 of the Town and Country Planning Act 1990. The agreement may, however, allow the transfer of land in instalments as long as it is in line with the payment proportions and due dates set out in your demand notice. You should pay any outstanding CIL amount left after the transfer of land in the form of money in line with the payment due dates contained in your demand notice.
For full details about making payments in kind including the criteria for accepting infrastructure payments and the process which we will go through please see the Community Infrastructure Levy Regulations 2010 (as amended) and the Community Infrastructure Levy Guidance.
Last Updated on Thursday, January 29, 2026