Frequently asked questions for Community Infrastructure Levy
Q: What is the Community Infrastructure Levy (CIL)?
A: The Community Infrastructure Levy is a planning charge, introduced by the Government through the Planning Act 2008 to provide means for ensuring that development contributes to the cost of the infrastructure it will rely upon, such as schools and roads. The levy applies to most new buildings and charges are based on the size and type of new floor space.
Q:When did Bassetlaw District Council Adopt the CIL?
A: The Council adopted its CIL Charging Schedule in June 2013. The Charging Schedule came into effect on the 1st September 2013. Any Planning Permissions or Planning Appeals granted on or after the 1st September 2013 may be liable for CIL.
Q: Do all Councils have to implement the CIL?
A: Local authorities in England and Wales will be empowered, but not required, to levy on most types of development in their areas. It should be noted that in 2015 limitations to Section 106 planning obligations came into force.
Q: Why should development pay for infrastructure?
A: Almost all development has some impact on the need for infrastructure, services and amenities so it is only fair that such development pays a share of the cost.
Q: What is infrastructure?
A: Infrastructure which can be funded by the levy includes schools, transport, flood defences, hospitals, community facilities and other health and social care facilities. This definition allows the levy to be used to fund a very broad range of facilities such as play areas, parks and cultural and sports facilities and gives communities flexibility to choose what infrastructure they need.
The Levy can be spent on 'the provision, improvement, replacement, operation or maintenance of infrastructure'.
Q: What developments are likely to be CIL Liable?
A: Commercial developments over 100m2, residential extensions (over 100m2) and annexes of any size (The annexe could not be for let, and could not be sold separately from the main home during the three year claw-back period. The house itself must be the applicants principal residence and they must have a material interest in it) , residential new build developments of any size and sites being bought back into lawful use maybe liable subject to the area they located in.
Q: Is there any relief from CIL?
A: In accordance with the Regulations the following development may receive relief from CIL:
Social housing development
Self-build residential annex or extension
Exceptional Circumstances Relief (subject to the entering into a Section 106 Agreement)
All applications for relief from CIL need to be received and approved by the council before commencement for the relief to be applied.
More information about CIL relief can be found on the planning portal relief webpage.
Q: What about Heritage Assets at Risk?
Heritage Assets (listed buildings) that are identified as being at risk on either the national heritage at risk register complied by Historic England, or the local register compiled by Bassetlaw District Council, are liable for the levy. However, Bassetlaw District Council consider heritage assets to be part of the District’s cultural infrastructure and as such up to 75% - 100% of the Levy will be returned to the developer. It is advisable to discuss CIL with the Local Planning Authority for any heritage asset identified on the Heritage at Risk Registers.
Q: What needs to be submitted with a planning application?
A: Where a development may be CIL Charge Liable a CIL Information Form will be required preferably with the application submission. There is a page on the Bassetlaw District Council homepage detailing ‘The CIL Process’ where the form can be downloaded.
Q: What needs to be submitted with a Prior Approval application?
A: Where a development being applied for under prior approval may be liable for CIL, for example change of use of an agricultural building to dwellinghouse (Class Q), a Notice of Chargeable Development form will be required preferably with the application submission. There is a page on the Bassetlaw District Council homepage detailing ‘The CIL Process’ where the form can be downloaded.
Q: How is the levy collected?
A: The levy’s charges become due from the date of commencement of a chargeable development. When Full Planning Permission is granted, the Council will issue a liability notice setting out the amount of the levy and the payment procedure. Once development has commenced the Council will issue a demand notice and invoice outlining payment arrangements. Unlike contributions collected through S106 agreements there is no time constraint for the spending of monies collected through CIL.
Q: Who is liable to pay the levy?
A: The responsibility to pay the levy rests with the ownership of land on which the liable development will be situated. Although liability rests with the landowner, the regulations recognise that others involved in a development may wish to pay. To allow this, anyone can come forward and assume liability for the development.
Q: How is the levy paid?
A: The levy charge is based around the amount of floor space being created and the charging zone that the site is located in – the CIL Calculation can be found in full in the CIL Charging Schedule. It will normally be collected as a monetary payment, although there is also provision for it to be paid by transfer of land to the local authority if certain criteria are met.
Q: Can CIL be paid in instalments?
A: Yes, the CIL Instalment Policy can be found on the Bassetlaw District Council website. The Instalment Policy is only available were a valid commencement notice has been issued before commencement on site has begun.
Q: Can the CIL be appealed against?
A: Appeals against the CIL are only possible on the following grounds:
That the Council incorrectly calculated the amount of CIL (before making the appeal the developer must first request an internal review by the Council);
That the Council incorrectly apportioned liability between landowners;
That the Council incorrectly determined Charitable Relief;
That the Council incorrectly applied surcharges;
That the Council deemed the development to have commenced when it did not;
That the Council incorrectly issued a Stop Notice for non-payment.
More information on CIL appeals can be found on the planning portal CIL appeals webpage.
Q: How will payment of the levy be enforced?
A: The levy’s charges are intended to be easily understood and easy to comply with. Most of those liable to pay the levy are expected to pay their liabilities without problem or delay. However, where there are problems in collecting the levy charging authorities will have the means to penalise late payment. In cases of persistent non compliance the regulations also enable collecting authorities to consider more direct action such as the issuing of a CIL Stop Notice or applying to the courts for seizure of assets to pay the outstanding monies or for custodial sentences.
More information on CIL enforcement can be found on the planning portal CIL enforcement webpage.
Q: How will the levy be spent?
A: Charging authorities are required to spend the levy’s revenue on what they see as the infrastructure needed to support the development of their area. The assessment of ‘need’ is largely by informed by the Infrastructure Study published by each authority alongside their Local Plans. The levy is intended to focus on the provision of new or improved infrastructure and should not be used to remedy pre-existing deficiencies unless those deficiencies will be made more severe by new development.
Bassetlaw District Council currently has a list of priority projects which will benefit from CIL funding on its Regulation 123 List which can be found on our website.
Last Updated on Wednesday, May 27, 2020