Community Infrastructure Levy Implementation
What is CIL?
The Community Infrastructure Levy (called ‘the levy’ or ‘CIL’) allows local planning authorities to raise funds from developers who are undertaking new building projects in their area. The funds raised will go towards infrastructure that is needed to support the growth of the district, such as schools and transport improvements.
CIL is applied as a charge on each square metre of new building, and will be payable by most residential and retail developments in Tandridge. It replaces a number of existing Section 106 contributions. Planning obligations will continue to be used for the provision of affordable housing and site specific requirements.
When will it come into effect?
CIL came into effect on 1 December 2014. It will also apply to appeals granted after this time, permission granted following an enforcement action and any qualifying development undertaken under permitted development rights.
Government CIL Guidance
Guidance on the Community Infrastructure Levy was added to the Planning Practice Guidance website on 12 June 2014. This guidance is published in a question and answer format and will cover the majority of queries you may have about CIL. In addition to this the Council has also published some of the frequently asked questions that they have received.
Is my application proposal liable for CIL?
Not all development is liable for CIL. Please refer to Guidance Note 1 - is development liable for CIL?
In summary the following types of planning applications are liable:
- A new dwelling; and
- All residential and convenience based retail development containing at least 100 square metres of new build (extra floorspace).
- The conversion of a building to residential or convenience based retail that is no longer in lawful use (see Guidance Note 1).
If you are uncertain whether your proposal is liable for CIL, you should submit a CIL Additional Information Form with your application (see below). We can then work out whether CIL is payable or not.
How is a development's size calculated?
The size of development is calculated on the basis of its Gross Internal Area (GIA), the Council have produced a guidance note. For further information The Royal Institute of Chartered Surveyors has also produced a detailed guidance note on how to calculate GIA and this is contained in a document called Code of Measuring Practice 6 (This link will open in a new window)th Edition.
My planning application is liable for CIL, what do I need to do now?
See TDC CIL Guidance Note 2 CIL Process for Applicants for details of the CIL process. If the application is liable for CIL the following forms and plans must be submitted with the application:
- CIL Additional Information Form
- CIL Additional Information Form - GUIDANCE
- Assumption of Liability Form
- CIL Calculation Tool
- Existing floor area plans
- Proposed floor area plans
- Evidence to demonstrate continuous lawful use
What Forms of relief are available
The Regulations allow the Council to give relief from paying the CIL in certain circumstances. People who are an ‘owner of a material interest in the relevant land’ can claim relief. A ‘material interest’ is a freehold interest, or a leasehold interest which expires more than seven years after the date on which planning permission first permits development. The following forms of relief are available and the ‘CIL Form 2 – Claiming Exemption or Relief’ must be submitted to claim any relief:
• Charitable relief
• Social housing relief
• Self build exemption for a whole house
• Self build exemption for a residential annexe or extension
For details, refer to the following Guidance:
Community Infrastructure Levy Funding and Spending Process
How was CIL adopted in Tandridge
The CIL Charging Schedule went through a number of stages prior to approval, including an independent examination.
- CIL Charges
- CIL Payment Instalment Policy
- If my CIL application is granted what happens next
- CIL Forms
- CIL Permitted Development and Prior Notification Development
- CIL Appeals
- Relationship between CIL and planning obligations
- CIL Reports
- I want to build my own home - self build - do I have to pay the CIL
- I want to build an extension - do I have pay the CIL
- I want to build a residential annexe in my garden - do I have to pay the CIL
- Planning Portal
- Communities and Local Government
- Planning Advisory Service
- Demonstrating that buildings are in continuous lawful use
- CIL Penalties and Surcharges
CIL Monitoring Officer 01883 732880, firstname.lastname@example.org