Community Infrastructure Levy (CIL) was introduced in the Planning Act 2008 which permits, rather than requires, local authorities in England and Wales to levy a charge on new developments in their area as a contribution to local infrastructure requirements.
The system is intended to be simple. It will be applied to most new buildings and charges are based on the size and type of the new development. However, local authorities may, on the basis of development viability evidence, apply a reduced or nil charge in specified areas. In local authorities where CIL has been adopted the charges are set out in a charging schedule. The schedule is subject to independent examination by the Planning Inspectorate.
Welsh Government guidance says that the evidence base supporting a charging schedule will include an up to date development plan. It is for local planning authorities to decide whether an adopted development plan is sufficiently up to date to implement CIL.
CIL has not replaced the system of planning obligations (known as Section 106 Agreements) which are used to ensure that developments are fully acceptable for a planning consent. However, from the date that a CIL is adopted or at April 2014, whichever is the earlier, the use of planning obligations is more restricted and, in particular, after April 2014, planning obligations can no longer be used as the basis for a tariff to fund infrastructure.
CIL came into force on 6 April 2010, under the Community Infrastructure Levy Regulations 2010 (SI 948). The regulations were amended by the Community Infrastructure Levy (Amendment) Regulations 2011 (SI 987).
Inside Housing asks 'Is the Infrastructure Levy doing more harm than good? (15.03.13)
Planning (06.08.12) reports that the British Property Federation (BPF) has been appointed by Ministers to form a working group looking into the operation of CIL.
Planning (02.08.12) reports that an examiner has backed the Borough of Poole's CIL plans but has told the Council to delete a proposed charge for superstores in order to meet statutory requirements.
A coalition of three Norfolk local authorities say that legal challenges to parts of their joint development plan will not delay their introduction of joint CIL.
Planning (13.07.12) carries an article 'Leading the Charge' looking at the experience of the first 5 Councils to apply a Community Infrastructure Levy (CIL).
On 1 April 2012 the Mayor of London introduced a CIL charge to assist with the costs of Crossrail.
Planning (09.03.12) article noting that the first Council to begin charging a new developer tariff has warned that a number of emerging CIL plans could be open to legal challenge unless the Planning Inspectorate ensures that statutory guidance is complied with.
Sources of CIL information & guidance
DCLG CIL guidance (issued December 2012)
The DCLG CIL Summary
The House of Commons Library has published 'Financing Infrastructure: Community Infrastructure Levy' (SN/SC/3890)
Welsh Government guidance on CIL in Wales
The Planning Advisory Service (PAS) CIL page brings together a lot of relevant material. The page has been updated as new guidance becomes available. It also includes a CIL FAQs page developed partly from the experience of the CIL frontrunners
The DCLG CIL Regulations and related documementation can be accessed here
"The RTPI supports the principle of capturing increases in land values arising from the grant of planning permission in order to secure funding for infrastructure directly and indirectly related to the development of the land. CIL has the potential to be an effective and fair means to ensure timely contributions in this regard". RTPI Oct 2009
March 2011: In response to the consultation on the Mayor of London's CIL proposal the RTPI said: "The RTPI supports the principle of capturing increases in land values arising from the grant of planning permission in order to secure funding for infrastructure directly and indirectly related to the development of the land. We also recognise the importance of Crossrail to London's function, growth and prosperity."
Dec 2011: In responding to the detailed proposals and draft regulations for CIL reform the RTPI noted: "The draft Regulations provide details on five new or revised components to the CIL which attempt to adapt the adopted regime to allow it to reflect and contribute to the wider reforms being pursued through the Localism Act".
Feb 2010: The RTPI welcomed the Government's announcement of the new Community Infrastructure Levy regulations, following a consultation in which the Institute pointed out flaws with the proposals.
Oct 2009: In response to the publication of the draft regulations the RTPI said: "The RTPI supports the principle of capturing increases in land values arising from the grant of planning permission in order to secure funding for infrastructure directly and indirectly related to the development of the land. CIL has the potential to be an effective and fair means to ensure timely contributions in this regard".
Nov 2007: RTPI Position on the content of the Planning Bill: At long last it appears that the Government has taken the advice which the RTPI has offered for years. [CIL] is a means of securing necessary local infrastructure based on an appreciation of local need clearly expressed in the local development framework.
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