What is chargeable development CIL?

The Community Infrastructure Levy (CIL) is a planning charge, introduced by the Planning Act 2008, as a tool for local authorities in England and Wales to help deliver infrastructure to support the development of their area.

Is CIL chargeable on permitted development?

Yes. Permitted development is subject to the Community Infrastructure Levy like any other development. Changes of use to residential are also not exempt from the CIL but an offset is currently allowed for existing floorspace that has been occupied in lawful continuous use for at least 6 of the last 36 months.

What does CIL charging schedule mean?

Community Infrastructure Levy
The Community Infrastructure Levy (the ‘levy’) is a charge which can be levied by local authorities on new development in their area. The levy only applies in areas where a local authority has consulted on, and approved, a charging schedule which sets out its levy rates and has published the schedule on its website.

What is a CIL charge?

CIL is a levy that local authorities can choose to charge on new developments in their area. The money should be used to support development by funding infrastructure that the council, local community and neighbourhoods want.

What triggers CIL?

CIL liability is not triggered by a material start: it is triggered by the date given in a commencement notice (unless the notice is withdrawn in advance) or, in the absence of advance notice, the deeming of a commencement date by the collecting authority.

How is CIL calculated?

How is the CIL calculated? The Community Infrastructure Levy (CIL) is calculated per square metre. The calculation involves multiplying the CIL charging rate by the net chargeable floor area (based on Gross Internal Area), and factoring in an index figure to allow for changes in building costs over time.

What triggers CIL payment?

Who pays CIL charge?

The responsibility to pay CIL sits with the ownership of the land on which the liable development is located. However, others parties involved in the development, such as developers, may wish to pay a proportion of the CIL.

How can I avoid paying CIL?

The most obvious way to avoid paying CIL is not to commence development or to delay commencement. However, you may need to commence development sooner than you might otherwise like to, for example to prevent a planning permission from expiring.

What is a CIL surcharge on a chargeable development?

Regulation 83 of the CIL Regulations states that if works commence on a chargeable development before the Council has received a CN, the Council may impose a surcharge equal to 20 per cent of the chargeable amount payable in respect of the development or £2,500, whichever amount is the lowest.

Can a CIL surcharge be avoided with retrospective planning permission?

The decision means that where retrospective planning permission is obtained for a chargeable development that has already been implemented, a CIL surcharge cannot be avoided. Lesson number one is, of course, don’t carry out development in breach of planning control.

What should be included in a draft charging schedule?

A draft charging schedule is a document prepared by the charging authority which sets out the charging authority’s proposals for the levy. It should be based on evidence about the infrastructure needs of the area and the ability of development in that area to fund that infrastructure in whole or in part.

Can a developer be immune from paying CIL?

The Inspector did not accept that the developer was immune from paying CIL simply on the basis that the Council had been aware of the demolition works and that the permission was granted retrospectively.