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.
If you are interested in paying CIL in this way and have not commenced development on the site in question you should discuss this possibility with the District Council.
It should be noted that 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.
Last Updated on Wednesday, October 12, 2022