Community Infrastructure Levy

The following types of planning applications are liable for CIL:

• A new dwelling.
• All residential and convenience based retail development containing at least 100 metres of new build (extra floor space).
• The conversion of a building to residential or convenience based retail that is no longer in lawful use.

For more detail please read our guidance note 'Is development liable for CIL?' 

If you are uncertain whether your proposal is liable for CIL, please submit a completed CIL Additional Information Form with your planning application.

Eligible developments which have received planning permission from 1 December 2014 pay the charges outlined in the CIL Charging Schedule. The CIL Calculation Tool can help you work out the potential charge. You must pay the CIL, which is a non-negotiable amount. If you don't you may be fined and/or have any agreement to pay be instalments withdrawn. Relief is available in certain circumstances.

Indexation applies annually whereby the base year is the index figure for the calendar year in which the charging schedule took effect (Dec 2014) calculated in a formula for the calendar year in which planning permission was granted. The index is the RICS (Royal Institution of Chartered Surveyors) all-in tender price index. Visit the RICS website for more information on CIL indexation.

The information provided in the calculation tool may be subject to claiming lawful use or relief and that indexation may increase by the time of the planning decision.

• Annual CIL rate summary 2020
• Annual CIL rate summary 2021

The CIL process is explained in our process for applicants. If your application is liable for CIL, please submit the following forms and plans with it:

• CIL Additional Information Form. Please read the CIL Additional Information Form Guidance
• CIL Form 1 - Assumption of Liability Form 
• Evidence demonstrating continuous lawful use of the building
• Existing floor area plans
• Proposed floor area plans.

Our CIL Frequently Asked Questions provides additional information.

The CIL Liability Calculation tool can help you work out the potential charge.

In certain circumstances we can give relief from paying CIL. 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 allows development. The following forms of relief are available and the relevant forms 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

Relief due to COVID-19

The Community Infrastructure Levy (Coronavirus) (Amendment) (England) Regulations 2020 are a temporary measure in response to the economic impact of COVID-19.

These Regulations came into effect on 22 July 2020 and will remain in effect until 31 July 2021. The measures to defer CIL payments and disapply late payment interest only apply to CIL payments that are payable between 22 July 2020 and 31 July 2021. This applies to individuals, small and medium sized developers only, with an annual turnover of less than £45 million who are experiencing financial difficulties because of the effect of coronavirus.

You can request that a CIL payment is deferred for a maximum of six months by completing the CIL Deferral Request Application Form. If the Deferral Request is granted and the end of the six month period falls before 31 July 2021 a further request may be made for deferral by the developer.

The Deferral Request should be submitted no earlier than 14 days before the CIL payment is due. We can request further information which should be provided within 14 days. The Council has 40 days within which to grant or refuse the Deferral Request. We may grant a deferral for no more than six months from the date the Deferral Request was received. If the Deferral Request is refused the developer has seven days from date of refusal to make the CIL payment. There is no right of appeal against a refusal.

View the full guidance (currently refers to draft guidance until updated by government but is correct for the new legislation).

With any Deferral Request, you must provide the following evidence:

• A copy of the relevant CIL Demand Notice.
• Evidence confirming an annual turnover of less than £45 million. This can include:
  • A declaration from a responsible person or organisation, such as a chartered accountant or auditor. This can set out what the turnover is and whether the business meets the criteria of sole enterprise or is part of a linked business or has partners.
  • Information provided to Companies House including the company’s confirmation statement (annual return).
• Evidence confirming financial difficulties are being experienced as a result of the effects of Coronavirus

The CIL Team will undertake the following:

1. Consider the Deferral Request as soon as practicable after it is received.
2. If necessary, request evidence to ensure compliance with the conditions that apply to the Deferral Request.
3. Must grant or refuse to grant in writing that request as soon as practicable, and in any event before the end of the period of 40 days beginning with the day the Council receives such a request.

What happens once a decision is made?

1. Where a Deferral Request is granted a revised CIL Liability Notice and Demand Notice will be issued with amended details and payment due date.
2. Where a Deferral Request is refused the Applicant / Agent will be advised and payment of the original CIL Demand Notice will be required within seven days.

To find out more about Deferral Request Applications or request an application form contact the CIL team.

You can appeal against our CIL decision. This must be done within 60 days of the Liability Notice being issued and can only be made after you have formally asked us to recalculate the CIL amount. The Planning Portal provides details on CIL Appeals.

Applying for funds through Community Infrastructure Levy

We are changing the way we manage requests for funding through the Community Infrastructure Levy (CIL). This is a charge local councils set on new developments to help fund infrastructure, facilities and services.

The new process, approved by our Strategy and Resources Committee, is made up of four stages which applicants will need to pass before receiving funding. This will ensure the allocation of funds is as transparent and objective as possible.

Stage one – submit an expression of interest

Anyone applying for funding through the CIL will need to complete an expression of interest form.

There is no maximum limit on CIL funding, but applicants will need to demonstrate other funding sources have been explored.

CIL funding should be used in addition to other funding sources. Any requests for 100% of funding for a project from the CIL are unlikely to be successful. 

If you are submitting more than one application, your expression of interest should include a list ranked in priority order

The minimum CIL funding which can be applied for is £20,000.

Before moving to stage two, applicants will need to demonstrate they meet all the following mandatory criteria listed on the expression of interest form:

• Will the project deliver strategic infrastructure?
• Does the project improve existing, or create new, infrastructure supporting future house growth in the area?
• Is it realistic to deliver the project in the next five years?
• Have other funding options been explored? A minimum of 15% from other funding sources is expected.

Stage two – submit a full application

Projects which meet the mandatory criteria in stage one will be sent an application form  in mid-August, along with guidance to help complete the application. Applicants will have six weeks to submit their application. More information about the application process is also available.

We will score all applications against criteria to establish if they:

• Support the impact of development.
• Enable economic growth and regeneration.
• Contain flood defence provisions.
• Improve health provisions.
• Improve the provision of education.
• Improve transportation and/or road safety.
• Improve the provision of amenities.
• Support measures to tackle the climate emergency and environmental measures.
• Provide other sources of match funding.
• Provide value for money.

Stage three – attend a working group

Applications which meet our criteria will be invited to attend a CIL Working Group in October or November 2021 to present their bids.

The working group will evaluate the scores of all eligible bids which have been presented, rank them against the criteria set out in stage two and recommend to the Strategy and Resources Committee which of them should receive either full or partial award of CIL funds.

Applicants might be interested to read the working group’s terms of reference.

Stage four – decision by Strategy and Resources Committee

If the committee agrees to award CIL funding to an applicant, we will contact the applicant to arrange a contract for the payment of funds.

If the committee does not approve a recommendation, it will explain why and request the working group reconsiders the issue.

Timescales

To be considered for funding in autumn 2021, completed expression of interest forms must be e-mailed to cilbid@tandridge.gov.uk and received before midnight on 31 July 2021.

Only projects which need to be considered this year should be submitted by 31 July 2021. Any expressions of interest received after this will be considered as part of the next funding round, which we expect to be open for stage two applications between December 2021 and January 2022, with funding to be awarded in March or April 2022.

Contact us

If you have any questions, please e-mail cilbid@tandridge.gov.uk. For auditing purposes we are not able to accept any enquiries by phone.

We allow CIL to be paid in three instalments, linked to the amount payable recorded in the Demand Notice and set out in the CIL Instalment Policy.

Further guidance on the Community Infrastructure Levy (CIL).

To access Section 106 Agreements, please search for the planning application using the planning application number from the list of Section 106 Agreements. Then click on the planning application and view documents. The S106 Agreement is titled Planning Agreement – Main.

• Guidance Note 1 – Is development liable for CIL? 
• Guidance Note 2 – CIL process for applicants 
• Guidance Note 4 – CIL penalties and surcharges 
• Guidance Note 5 – CIL social housing relief 
• Guidance Note 6 – CIL charitable relief
• Guidance Note 7 - CIL measurements guide
• Guidance Note 8 - Parish and Village Councils
• Frequently asked questions

Please submit your application using the Planning Portal as this will ensure you are using the up to date CIL forms. The table below lists the forms available, so please check which ones you need and the guidance carefully before going to the Planning Portal using the links provided.

There are statutory forms which need to be submitted, as well as optional forms to claim relief. All CIL liable applications must be submitted with the Additional Information form 0 and the Assumption of Liability form 1.

Please keep a copy of your submitted form, please do provide full contact details, including e-mail addresses, for both the agent and the applicant.

If you want to estimate your CIL costs there is a calculation tool you can use. This is for your own estimate purposes only and may vary from the actual charge.

If you cannot find the CIL Form please contact customer services.

National guidance

Gov.uk
National Planning Portal

• Regulation 123 List – outlining the broad types of infrastructure we plan to fund using CIL 
• CIL Reports