Community Infrastructure LevyCommunity Infrastructure Levy (CIL) is a planning charge that charging authorities¹ may levy on new development in their area; it came into force on 6 April 2010 and can be applied by charging authorities in both England and Wales. The focus of CIL is on funding development of “infrastructure” in a local authority area. It is administered and collected by charging authorities and it is payable by the applicant usually on commencement of development that is the subject of a valid planning permission(s) and, crucially, the amount payable by the developer is non-negotiable, except in limited exceptions.
CIL largely replaces the use of section 106 planning agreements which will in future only be available for site-specific mitigation and “softer” types of contributions (i.e. those not within the scope of CIL such as employment and training contributions). So developers will need to be vigilant that they do not end up paying twice i.e. CIL and under planning agreements. .
After a slow take-up of CIL by charging authorities, and given the added pressure on local authority budgets, the introduction of the CIL is now speeding up with a number of “front runner” charging authorities introducing adopted CIL charging schedules, and others in the process of consulting on draft charging schedules or in the early stages of introducing infrastructure plans. The full list can be found on the following web link:
There are more than 300 potential charging authorities in England and Wales and we need members help to monitor CIL proposals in their areas and to respond to consultations on draft charging schedules. We have put together a short pro-forma letter and CLA key messages document that will be used by CLA regional offices in respect of draft CIL proposals. But this letter and key messages document can be used by CLA members too in their own lobbying on CIL charging schedules. The CLA pro-forma letter and key messages document will be available on the Planning webpage for CLA members to download.
¹District councils, County councils, Unitary Authorities, National Park Authorities and the Broads Authority
The remainder of this article is only available to Logged in Members
CLA Member Login
This page is
Fenella Collins MRICS
A chartered surveyor with responsibility for CLA planning policy and regulatory matters. Advises on planning policy and regulation at national and local levels, and the community infrastructure levy.
T: 020 7460 7936
T: 020 7460 7934
Join the CLA today
The CLA Game Fair 2013
© 2013 Country Land and Business Association Limited (CLA). All rights reserved. No part of this website may be reproduced or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, or stored in any retrieval system of any nature without prior written permission of the copyright holder except as expressly permitted by law.
No responsibility for loss occasioned to any person acting or refraining from action in reliance on or as a result of the material included in or omitted in this website can be or is accepted by the author(s), the CLA or its officers or trustees or employees or any other persons.
The Advisory Services are made available to members on the basis that members' rights to compensation and the liability (if any) of CLA and its officers and/or its staff advisers, are restricted in the following ways. In the event of any advice given by any CLA staff adviser being given negligently or otherwise being incorrect no liability whatsoever is accepted by the CLA or its officers or by its staff advisers concerned
(a) towards any person who is not the current CLA member to whom the advice was directly given,
(b) to any person in the respect of consequential loss or loss of profits, or
(c) to any person for any sum exceeding £50,000 in respect of any one enquiry (whether made or responded to orally or in writing and whether dealt with at one time or over a period of time).
Any person making use of the Advisory Services accepts such restrictions. Members should refer to appropriate professional advisers in private practice before taking any particular course of action potentially or actually involving any substantial amounts of money.
Please note that whilst the advisers are able to advise on a wide range of subjects relating to land ownership, they cannot act in place of a member's own solicitor, accountant, surveyor and tax specialist by, for example, drafting documents or corresponding on their behalf and may be precluded, by the rules of their own professions, from advising one CLA member against another CLA member in the case of conflict.
Solicitors Indemnity Fund . Solicitors in the CLA Legal Team are not covered by the Solicitors Indemnity Fund in relation to professional negligence in relation to any advice given by them.
Please note that from time to time telephone calls maybe recorded for training purposes.