As part of the Planning Act 2008, the Community Infrastructure Levy (CIL) will be a capital cost payable by developers towards the cost of local and sub-regional infrastructure to support development. The Community Infrastructure Levy Regulations 2010 comes into force from 6th April 2010. The Localism Act introduces new features to CIL, and the Government will issue further guidance on specific aspects of establishing and running a CIL regime.
Purpose
Local authorities can place a community infrastructure levy on all new developments to support infrastructure delivery (including transport, social and environmental infrastructure; schools and parks). CIL will become an important income stream for local authorities in delivering the necessary support infrastructure which existing and new communities will need to enable the level of housing and economic growth.
Applications
As part of the Localism Act, local authorities will be required to allocate a meaningful proportion of levy revenues raised in each neighbourhood back to that areas with a neighbourhood development plan. CIL monies can also be used to fund the on-going costs of providing infrastructure.
The NPPF suggests that, where practical, CIL charging schedules and rates should be drawn up and tested alongside the Local Plan. Those formulating policies should be made aware of both the opportunities to deliver facilities and services, and also the implications of setting charging policies at a level that would impact negatively on the viability of the proposed development.
The charging schedule and charging rates should be directly related to the infrastructure assessment that underpins the Local Plan evidence base, which should identify the quantity and type of infrastructure required to realise local development and growth needs and inform a Regulation 123 list of infrastructure that will benefit from a Community Infrastructure Levy charge.
Exemptions and CIL reliefs
According to Part 6 of the Regulations, there are several instances where there can be exemptions or reliefs from paying CIL:
The relationship between CIL and planning obligations
Section 106 Planning Obligations section of the
toolkit.
Background research and further advice
Town and Country Planning Act 1990 Section 106, as amended
The Community Infrastructure Levy Regulations 2010 Part 11
The Community Infrastructure Levy (Amendment) Regulations 2013
DCLG, Community Infrastructure Levy: Guidance, 2013
Arts Council England, The CIL. Advice note for culture arts and planning professionals, April 2012
TCPA Briefing: CIL Note, May 2013