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Community Infrastructure Levy (CIL)

Will CIL replace S106 Agreements?

How much will I have to pay?

Charging Schedule and Maps

Is my application proposal liable for CIL?

My planning application is liable for CIL, what do I need to do now?

Exemptions and Reliefs

If my application is granted, what happens next?

Payment Instalment Policy

CIL Indexation

Forms

Permitted Development

What happens if I do not pay the charge?

What will CIL be used for?

Appeals

CIL Income Reports

How was CIL adopted in Bedford?

How to answer CON29 CIL Questions

 

What is a Community Infrastructure Levy?

The Community Infrastructure Levy (CIL) is a levy that local authorities can choose to charge on most new built development in their area in order to raise funding to carry out infrastructure projects. The CIL Charging Schedule was brought into effect in the borough on 1 April 2014. It applies to new residential development and also convenience based supermarkets, superstores and retail warehouses (net retailing space over 280 sq.m).

 

Will CIL replace S106 Agreements?

For most residential developments CIL will largely replace off-site S106 contributions, for example, towards off-site sports provision or school places. The borough will continue to use S106 agreements to secure affordable housing from residential developments and essential site specific mitigation from residential and other types of development that are needed to enable developments to proceed.

 

How much will I have to pay?

Eligible developments that receive planning permission from 1 April 2014 will be charged in accordance with the rates/sq.m set out in the CIL Charging Schedule. For residential development the borough has five zones within which different rates apply. This can be seen more clearly on the Residential Charging Areas Map. For retail development a single rate applies to convenience based supermarkets, superstores and retail warehouses (net retailing space over 280 sq.m).

 

CIL Charging Schedule

CIL Residential Charging Areas Map (pdf)

Check the CIL Charge for your property

Indexation applies to the Charges from 1st January 2016, see information under "CIL indexation" and/or in 'Check the CIL Charge for your property' above

 

CIL liable development granted planning permission after 1st April 2014 is required to pay the levy. Development given consent under permitted development rights and implemented after that date may also be liable to pay CIL. CIL will operate alongside a scaled-back system of Section 106 agreements covering site related issues and affordable housing. More information on the Council’s approach to planning obligations can be found in the Planning Obligations SPD.

 

Is my application proposal liable for CIL?

Not all development is liable for CIL.

 

The following types of planning applications are liable:-

All applications for full planning permission, Section 73 variations and reserved matters applications if the outline planning permission was granted on or after 1st April 2014 if for:

  • Residential development of one or more dwellings through new build or conversions even if less than 100 sq.m
  • The establishment of other residential floorspace such as extensions, and other ancillary buildings such as stores, garages if over 100 sq.m (or less than 100 sq.m if it contributes to the creation of a new dwelling)
  • Convenience based supermarkets and superstores and retail warehouses (net retailing space over 280 sq.m) or an extension of over 100 sq.m to such retail stores.

 

Depending on the circumstances relief from CIL may be available - see below.

 

In the first instance if you have queries about whether or not a development is CIL liable look at the information in CIL Guidance Note 1 which provides information about the levy and how it applies in the borough. CIL Guidance Note 2, Frequently Asked Questions can also be found here.

 

Development Management Officers will be able to assist with queries as part of other pre-application discussions on development proposals. If you are uncertain whether your proposal is liable for CIL, you should submit a CIL Question Form with your application (see below) - which is a validation requirement anyway on CIL liable applications. We can then work out whether CIL is payable or not.

 

My planning application is liable for CIL, what do I need to do now?

You must submit the CIL Question Form with your application if your proposal is liable for CIL. The CIL Question Form is a planning application validation requirement.

CIL Question Form

CIL Question Form guidance

CIL Guidance Note 1

 

If the CIL applies to more than one new building a schedule listing the GIA floorspace of each building should be supplied with the CIL Questions form if not provided as part of the planning application.

If the amount of CIL is to be reduced due to the demolition of buildings in lawful use or re-use of part of an existing building, each building must be listed separately on the CIL form Q7 and a plan must be supplied to show the location of the floorspace/buildings referred to in Q7.

 

You may also wish to submit an Assumption of Liability Form 1 at the same time  to make it clear who will be liable to pay the levy. This form must be submitted before development commences.

If you have read the advice on the website and still have questions about how to fill in the forms, or CIL relief, or the CIL process please email CIL@bedford.gov.uk.

 

Exemption and Reliefs

In some cases, exemptions, relief or payment in instalments are allowable. See http://planningguidance.communities.gov.uk/blog/guidance/community-infrastructure-levy/relief/

Mandatory relief is available for:-

 

Discretionary Relief

The Council has published an Exceptional Circumstances Statement. In very limited circumstances exceptional circumstances relief may be available from CIL but this may only happen if an S106 agreement has been entered into in respect of the planning permission which permits the chargeable development and the correct procedures in the Regulations are followed. A guidance note is available giving more information on Exceptional Circumstances Relief.

 

If you think you might qualify for relief, you should speak to the council as soon as possible. You should also seek agreement to your formal claim before starting work on site, as in most cases, relief cannot be granted after development has commenced. If a developer wishes to claim an exemption or relief from CIL because, for example, they are providing social housing, a ‘Claiming Exemption or Relief Form’ or forms SB1 and SB2 for self build homes, annexes will need to be submitted once liability has been assumed. TO CLAIM RELIEF THE FORM MUST BE SUBMITTED AND A DECISION RECEIVED BEFORE DEVELOPMENT COMMENCES.

 

More information and forms can be found at http://www.planningportal.gov.uk/planning/applications/howtoapply/whattosubmit/cil

 

If my application is granted, what happens next?

We will issue a Liability Notice with the planning Decision Notice. This says how much CIL is payable and when.

The following must be completed and submitted prior to commencement of development:-

  • Form 1 - Assumption of Liability: the person(s) responsible for paying CIL must send us an Assumption of Liability Form before commencement. If not, the charge will default to the owner of the land and there may be additional costs. If you are submitting an application and will be responsible for paying the CIL, you can submit this Form with the CIL Question Form. There are also forms to submit if liability changes before the scheme commences. It may speed up issuing a liability notice if this form is submitted before planning permission is granted. 
  • Form 6 - Commencement Notice: this must be sent to us with the date that development will commence. If we do not receive a Commencement Notice a penalty will be added and full payment will be due immediately. See form below.
  • Form 2 - Claiming Exemption or Relief: must be submitted prior to commencement. See form below.
  • When the Council receives the Commencement Notice a Demand Notice will be issued for the CIL payment, setting out the payment due dates in line with the payment procedure.
  • On commencement of development the landowner or whoever has assumed liability, should follow the correct payment procedure.
  • The collecting authority must issue a receipt for each payment received.

 

Payment Instalment Policy

CIL can be paid in instalments in line with the Council’s CIL payment instalments policy which is available to download below:-

CIL Instalment Policy

To take advantage of the Council’s instalments policy, applicants must follow appropriate procedures, such as submitting a Commencement Notice at the appropriate time.

 

CIL Indexation

Under the CIL Regulations CIL payments must be increased or decreased (index linked) to reflect changes in the costs of delivering infrastructure between the year that CIL was introduced to the year that planning permission is granted. The index we must use is the national All-in Tender Price Index published by the Building Cost Information Service (BCIS). This index has increased by 20 % in the past 3 years and therefore the CIL payable on planning permissions granted in 2017 will be increased by this amount above the rates set out in the approved charging schedule.

 

Forms

CIL Questions Form

Form 1 - Assumption of Liability

Form 2 - Claiming Exemption and Relief

Form 3 - Withdrawal of Assumption of Liability

Form 4 - Transfer of Assumed Liability

Form 5 - Notice of Chargeable Development

Form 6 - Commencement Notice

Form 7 - Self Build Exemption Claim Form Part 1

Form 7 - Self Build Exemption Claim Form Part 2

Form 8 - Self Build Annex Exemption Claim Form

Form 9 - Self Build Extension Exemption Claim Form

 

Please note we do not currently use a Liability Notice reference, please use the planning reference instead.

 

Permitted Development

In rare cases, permitted development (that is development which does not require planning permission) may be of sufficient scale to be liable to CIL if for example a change of use from a building to residential use occurs after 1st April 2014 when the building has not been in lawful use for 6 continuous months in the three years before development starts. You must serve a Notice of Chargeable Development on us before the development is commenced unless the development is less than 100 sq.m or the levy rate for the development is £zero. The CIL charge is then calculated and applied as though planning permission had been issued.

 

What happens if I do not pay the charge?

Unlike Section 106 obligations, CIL payment is mandatory and non-negotiable. If you do not pay on time:-

  • You will be subject to a penalty without further notification
  • Any agreement for you to pay in instalments will be withdrawn

 

There are strong enforcement powers and penalties for failure to pay, including Stop Notices, surcharges and prison terms. these are set out in CIL Regulations 80-88. The possible consequences of non-payment are set out in the CIL Regulations 89-110 and are summarised in CIL Guidance Note 5, Penalties. PLEASE NOTE THAT THE COUNCIL HAS BEEN APPLYING LATE PAYMENT SURCHARGES AND LATE PAYMENT INTEREST TO DELAYED PAYMENTS. NON PAYMENT IS TAKEN SERIOUSLY AND PAYMENT IS PURSUED THROUGH A LIABILITY ORDER TO THE MAGISTRATES COURT IF NECESSARY.

 

What will CIL be used for?

The Council must specify what it intends to spend CIL receipts on in what is known as a ‘Regulation 123 List’. The Council approved this list on 5th February 2014. CIL Regulation 123 restricts the use of planning obligations for infrastructure that will be funded in whole or in part by the Community Infrastructure Levy, to ensure there is no duplication between the two types of developer contributions being sought towards the same project.

Regulation 123 List

 

A proportion of the CIL funds collected from new developments granted planning permission after 1st April 2014 is for neighbourhood funding to address local priorities which in parished areas will be passed to the parishes.

 

Appeals

Appeals 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).
  • Incorrectly apportioned liability between landowners.
  • Incorrectly determined Charitable Relief.
  • With regard to residential annexes incorrectly determined that the development is not wholly within the curtilage of the main dwelling.
  • With regard to self build schemes incorrectly determined the value of the exemption.
  • Incorrectly applied surcharges.
  • Deemed the development to have commenced when it did not.
  • Incorrectly issued a Stop Notice for non-payment.

 

Appeals normally need to be submitted and determined before development commences and within 28 days of the Council's decision except for Liability Notices where a review by the Council must be made within 28 days and the appeal within 60 days. More information can be found in CIL Guidance Note 3 - Appeals and on the Planning Portal - CIL Appeals.

 

CIL Income Reports

CIL Income Report 2014-15

CIL Income Report 2015-16

CIL Income Report 2016-17

 

How was CIL adopted in Bedford?

Information on the submission and examination of the Draft Charging Schedule is available on the examination web page, which can be accessed below. This includes the examiner's report.

 

How to answer CON29 CIL Questions

All information relating to CON29 is avaiable through Local Land Charges and the Local Land Charges Register. Below is a guide on how to answer CON29 CIL questions:

'How to Guide' CON29 CIL Questions

 

 

Link to Community Infrastructure Levy Examination Page.

 

updated 17 Aug15

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Here you will find information on environmental and planning issues. This section provides a wealth of information including details on how to make or enquire about a planning application, rubbish, waste and recycling information.

 


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